Whose car is it anyway?

[toerag]

ok, Long story short..


A friend of mine was bought a car by her Dad (7-8k) a year ago, he is paying for it on HP. Anyway they have had a massive falling out and now the Father has written her a letter demanding payment for the car with undertones he will take her to the small claims court if necessary.

I was just wondering where she stands?

Any help would be greatly appreciated.

[allergictocheese]

I don't think he stands much chance. He would have to prove there had been an intent to form a legal relationship between his daughter and him.

[GoneAnon]

I don't think he can do much to her in court to get money from her, but he is certainly entitled to get the car back.

[Centurion07]

GoneAnon said:

I don't think he can do much to her in court to get money from her, but he is certainly entitled to get the car back.

I was under the impression you can't ask for gifts back?

[barker22]

GoneAnon said:

I don't think he can do much to her in court to get money from her, but he is certainly entitled to get the car back.

Is he?
If it was a gift then the car is hers!
I don't know how it works getting him to continue paying for it though.

[H20MRV]

is the car registered to her? No agreement I take it? I suspect he is up 5hit creek but perhaps it would be better if they came to some agreement where she gave him a % of the value of car or take over the payments / pay off the balance?

Edited by H20MRV on Sunday 8th February 19:40

[Bigends]

Whos name is on the hp agreement. If its hers - just stop paying - theyll soon be round for the car. If its in dads name he's stuffed and will have to pay the loan off regardless of whether he gets the car or not.

[toerag]

H20MRV said:

is the car registered to her? No agreement I take it? I suspect he is up 5hit creek but perhaps it would be better if they came to some agreement where she gave him a % of the value of car or take over the payments / pay off the balance?

Edited by H20MRV on Sunday 8th February 19:40

The car is registered to her, and there was no agreement made. In fact she has been paying him back a token amount each month (what she can afford) as at the time of the gift it really helped her out.

[toerag]

Bigends said:

Whos name is on the hp agreement. If its hers - just stop paying - theyll soon be round for the car. If its in dads name he's stuffed and will have to pay the loan off regardless of whether he gets the car or not.

It's his.

[Bigends]

toerag said:

Bigends said:

Whos name is on the hp agreement. If its hers - just stop paying - theyll soon be round for the car. If its in dads name he's stuffed and will have to pay the loan off regardless of whether he gets the car or not.

It's his.

Suppose he could stop paying and theyd still come and seize the car - probably wouldnt do his credit rating much good though

[Jasandjules]

What words were used in the agreement? Is there any written document?

I trust she does not pay him back the HP payments?

It sounds very much like a gift therefore he would struggle to win anything.

[toerag]

Bigends said:

toerag said:

Bigends said:

Whos name is on the hp agreement. If its hers - just stop paying - theyll soon be round for the car. If its in dads name he's stuffed and will have to pay the loan off regardless of whether he gets the car or not.

It's his.

Suppose he could stop paying and theyd still come and seize the car - probably wouldnt do his credit rating much good though

Sorry just read your comment and noticed an Ad at the bottom of the page..



no, bad thoughts.

[Vaud]

If HP then it's the finance companies until the last payment is made, unless I am mistaken?

The dad can stop paying and return the goods:

http://www.adviceguide.org.uk/wales/debt_w/debt_bo...

If "Buyer" stops paying, they will then seek recovery?

One complication: "While you are still making payments, you aren’t allowed to sell or dispose of the goods without the lender’s permission. If you do, you’ll be committing a criminal offence."

I hop he told the finance company of his intention to shift "ownership"..

[toerag]

Vaud said:

If HP then it's the finance companies until the last payment is made, unless I am mistaken?

The dad can stop paying and return the goods:

http://www.adviceguide.org.uk/wales/debt_w/debt_bo...

If "Buyer" stops paying, they will then seek recovery?

One complication: "While you are still making payments, you aren’t allowed to sell or dispose of the goods without the lender’s permission. If you do, you’ll be committing a criminal offence."

I hop he told the finance company of his intention to shift "ownership"..

I've just spoken to her and the HP agreement was all above board she has a letter from them (the finance company) stating the car was a gift for her and that her Father is paying for it. Also, (perhaps hook line and sinker) a letter from him (signed) stating that the car is a gift and that there is no need for any repayment of any sorts. Hopefully non payment is his only option now which will land him in the proverbial and not her.

thank you for your replies, i'll update when we have an outcome

[Vaud]

toerag said:

I've just spoken to her and the HP agreement was all above board she has a letter from them (the finance company) stating the car was a gift for her and that her Father is paying for it. Also, (perhaps hook line and sinker) a letter from him (signed) stating that the car is a gift and that there is no need for any repayment of any sorts. Hopefully non payment is his only option now which will land him in the proverbial and not her.

thank you for your replies, i'll update when we have an outcome

If it is HP, then it's still their car. If he stops paying, they can still chase their asset. They may be happy with the current "ownership arrangement" but that will not preclude them from recovering their car (ultimately).

She will not be liable of the debt, but it does not mean she can keep the car?

How far into the agreement is the father (you said 1 year, but 1 year out of how many)?

[ging84]

toerag said:

The car is registered to her, and there was no agreement made. In fact she has been paying him back a token amount each month (what she can afford) as at the time of the gift it really helped her out.

Then it wasn't a gift then was it
you don't pay someone back for gifts

but as mentioned by someone already, it's the finance company's until it's paid off, she may or may not have a claim to any equity there is in the car, but she can't just keep it and expect the other person to keep paying for it.

[Centurion07]

Terminator X said:

He'll just say it wasn't a gift. One persons word vs another, wonder how it will go

TX.

Since OP has just confirmed that the finance company are aware it was gifted to her, and she has a letter from her dad saying as much, my guess would be nowhere.

Worst that will happen is he stops paying and ultimately the finance co. come after their car, so she'll be car-less, but her dad's credit rating will be shot. He either keeps paying for it or he defaults. Depends how vindictive her dad wants to be.

Maybe they could come to some sort of arrangement as regards the ongoing finance payments/buying the car from him? She definitely has the upper hand though.

[davepoth]

Centurion07 said:

Terminator X said:

He'll just say it wasn't a gift. One persons word vs another, wonder how it will go

TX.

Since OP has just confirmed that the finance company are aware it was gifted to her, and she has a letter from her dad saying as much, my guess would be nowhere.

Worst that will happen is he stops paying and ultimately the finance co. come after their car, so she'll be car-less, but her dad's credit rating will be shot. He either keeps paying for it or he defaults. Depends how vindictive her dad wants to be.

Maybe they could come to some sort of arrangement as regards the ongoing finance payments/buying the car from him? She definitely has the upper hand though.

That's about it really. I guess she should start saving for a car though.

[Who me ?]

Vaud said:

If it is HP, then it's still their car. If he stops paying, they can still chase their asset. They may be happy with the current "ownership arrangement" but that will not preclude them from recovering their car (ultimately).

She will not be liable of the debt, but it does not mean she can keep the car?

How far into the agreement is the father (you said 1 year, but 1 year out of how many)?

Possibly ( but legal bods might better advise whether or not it would impact on dad's credit rating), Voluntary termination might be a simpler solution for dad. But beware of penalty clauses ( which ,again need the opinion of legal bods) on garage included extras like GAP and,IMHO, garage favourite (Mechanical breakdown) as a get out of their responsibilities for something failing in a time period after sale.

[The Turbonator]

My fiancé's Dad says st like this all the time and it really gets on my nerves.

Whenever they have a fall out, he asks for all the money he gave her, X amount of years ago, or anything else we may have, that we've borrowed; such as DIY tools.

They normally sort it out after a few days but a few times, I've taken it all back to him

The guys an asshole and if it was up to me, I wouldn't have anything else to do him. After one argument, he even told us that his grandkids are dead to him.

But my fiancé still loves him and I can't stop her seeing him.