Cars owner query
Author
Discussion

PistonRings

Original Poster:

296 posts

80 months

Monday 13th November 2023
quotequote all
Hypothetically....

A car is purchased on hp by person "a" whose name is on the v5, main driver on insurance and direct debit for tax from their account.
Person "b" pays "a" back the amount of the hp for less than 1/4 of term.
"a" and "b" relationship ends, payment stops.


"a" remains responsible for paying for it of course, so in light of ceased payments, would it be theft for "a" to retrieve the car using their key if the car is left in a public place?

NFT

1,324 posts

44 months

Monday 13th November 2023
quotequote all
PistonRings said:
Hypothetically....

A car is purchased on hp by person "a" whose name is on the v5, main driver on insurance and direct debit for tax from their account.
Person "b" pays "a" back the amount of the hp for less than 1/4 of term.
"a" and "b" relationship ends, payment stops.


"a" remains responsible for paying for it of course, so in light of ceased payments, would it be theft for "a" to retrieve the car using their key if the car is left in a public place?
Sounds like A got car on finance in own right, is insured and responsible for it, and person B has no right to use it, as things changed from when A had let them use it while being compensated when on good terms.

I would say its theft if B denies A its use if as I perceive it to be. Unless B was paying A to buy it on some seller finance plan? (I.E agreed B could buy it from them with monthly payments which confuses things)


Have reported a car stolen before as wasn't paid for months as agreed, but others advice will be far more beneficial, possibly agtlaws etc..

Edited by NFT on Monday 13th November 23:32

dibblecorse

7,269 posts

214 months

Monday 13th November 2023
quotequote all
No, the opposite, 'b' has no legal right to the vehicle, first thing i would do if I was 'a' would be to take 'b' off the insurance and report the car stolen, 'b' can then enjoy 6 points and an IN10 to go with a TWOC'ing charge.

PistonRings

Original Poster:

296 posts

80 months

Tuesday 14th November 2023
quotequote all
Thanks both, aligns with my thoughts. Ta !

OutInTheShed

12,821 posts

48 months

Tuesday 14th November 2023
quotequote all
Relationship?

Break up of a relationship may involve complex debts and loads of stuff not mentioned.
Discussing the car in isolation may be misleading.

B may owe A for the car, but A owes B for x, y and z.
If your fortunes and finances are pooled, it ain't that simple.

IMHO people who split up need to act like adults and sort their finances out.
Reporting it as stolen is not right, trying to land the other party with a record is not right.

If you're far enough into a relationship to 'buy' someone a car, they may have all sorts of rights if they've put anything into the household.
You might as well get married. Untangling the mess can be equally difficult.

With the item being a car, registration and insurance matters, so the matter needs to be properly settled urgently.


ingenieur

4,643 posts

203 months

Tuesday 14th November 2023
quotequote all
Without being on any of the paperwork B should have understood the car is not hers.

Presumably as it's a lease this is effectively a rental anyway. So all she paid for was a few months rent of it and that time has passed now so no actual claim to it.

VeeReihenmotor6

2,528 posts

197 months

Tuesday 14th November 2023
quotequote all
Legally, "a" owns it as others have said... BUT.. you mention relationship breakdown, perhaps kids involved(?), taking "b" off the insurance and marking it as stolen will do you no favours whatsoever. Take the moral high ground the reap the benefits down the line.

PistonRings

Original Poster:

296 posts

80 months

Tuesday 14th November 2023
quotequote all
This is one of those situations where its genuinely not me involved (thankfully !). I'm a friend of A and trying to understand if they can collect their car given the lack of payment. They purchased as B is unable to get any form of credit in their name due to reasons. Unpicking it, there is a lot of manipulation and abuse over a significant period.

I agree grown ups should be grown ups, and alas, its a marriage, with kids, however there is absolutely no possible way for an amicable way forward.

Long run will be solicitors, but short term, car needs to be sold to pay other substantial debts.