Car Finance.....
Discussion
Hope this is the correct Forum to post.......
Without goin into great detail, my Partner unfortunatley has been in a Coma since 23rd November 2011.
Having spoke with the Finance Co regarding her condition, they asked for a headed letter to be sent to them from the Doctor stating her condition and that she is unlikely to recover. After doin this they are now saying that i need to get Power of Attorney to discuss her Agreement with them. I am not wasting my precious time at the moment to go to lawyers etc for that, not to mention costs.
Where do i stand? Can i just cancel the Direct Debit and let them deal with it from there.
Any info would be greatly sppreciated.
Without goin into great detail, my Partner unfortunatley has been in a Coma since 23rd November 2011.
Having spoke with the Finance Co regarding her condition, they asked for a headed letter to be sent to them from the Doctor stating her condition and that she is unlikely to recover. After doin this they are now saying that i need to get Power of Attorney to discuss her Agreement with them. I am not wasting my precious time at the moment to go to lawyers etc for that, not to mention costs.
Where do i stand? Can i just cancel the Direct Debit and let them deal with it from there.
Any info would be greatly sppreciated.
Very sorry to hear about your partner.
Are you aware that you can get appointed as their Deputy via The Court of Protection which will grant you the same powers as if you held Power of Attorney, for finance. health and welfare affairs.
You can do it all on-line and there is a fee to pay but it is far cheaper that going down the POA route and quicker. link below
Ot just track down the name of the MD of the finance company and call him - you may find this makes a difference
http://www.direct.gov.uk/en/Governmentcitizensandr...
Are you aware that you can get appointed as their Deputy via The Court of Protection which will grant you the same powers as if you held Power of Attorney, for finance. health and welfare affairs.
You can do it all on-line and there is a fee to pay but it is far cheaper that going down the POA route and quicker. link below
Ot just track down the name of the MD of the finance company and call him - you may find this makes a difference
http://www.direct.gov.uk/en/Governmentcitizensandr...
Eric Mc said:
Partner in a coma?
Not wasting my time?
Strange combination of circumstances and sentiments.
Not wasting my time?
Strange combination of circumstances and sentiments.
Not sure OP, but surely such a situation must have happened before and you would think the Finance Company had a procedure in place. As said perhaps they just need a letter from the doctor, but again taking up their precious time which i'm sure you would wish to avoid, perhaps go and see your partners GP, he might be able to advise. Best of luck.
jdw1234 said:
Eric Mc said:
Partner in a coma?
Not wasting my time?
Strange combination of circumstances and sentiments.
I read it as he doesn't want to waste precious time with lawyers.Not wasting my time?
Strange combination of circumstances and sentiments.
Good luck OP.
Unfortunately, when an unmarried couple experience such an unfortunate situation, it can get very difficult for the surviving partner and sometimes the only way to sort the situation out is to bite the bullet and get some legal advice.
It would help to know as much about the agreement as possible (i.e. if its a loan/HP, PCP, contract and how far through the term has it gone) and also what the OP's intentions or - is it to end the agreement, hand the car back, halt the payments, transfer to his/her name?
I'm sorry to hear about the OP's predicament, it sounds like a dreadful situation.
I'm sorry to hear about the OP's predicament, it sounds like a dreadful situation.
The car is on higher purchase, in my partners name, only 9mths into 60 term. I do not want the car. My point is, i'm trying to make the Finance co understand that she can no longer make the payments (i thought that would hve been obvious to them)
I am not paying for it out our joint bank account as i cannot afford to take the payments over.
Like mentioned above, i would hve thought that there would be 'procedures' they would hve in place for situations like this however it does seem to me like they are being a bit 'arsey' with the situation. I was implying that i do not need Legal assistance with this matter, i.e POA
I am not paying for it out our joint bank account as i cannot afford to take the payments over.
Like mentioned above, i would hve thought that there would be 'procedures' they would hve in place for situations like this however it does seem to me like they are being a bit 'arsey' with the situation. I was implying that i do not need Legal assistance with this matter, i.e POA
What happens if if you just allow them to take the car back?
Unfortunately, as far as they are concerned, you have nothing to do with your partner. You are not married and you are not family (not that this would make much of a difference, to be honest).
Have you tried talking to the CAB. They might be able to offer some free legal guidance.
Unfortunately, as far as they are concerned, you have nothing to do with your partner. You are not married and you are not family (not that this would make much of a difference, to be honest).
Have you tried talking to the CAB. They might be able to offer some free legal guidance.
I hve asked them if they can take the car back yet they say i cant discuss her Agreement with them.
I thought i was doing the decent thing by informing them of the situation, rather than having them running around for months trying to figure out why there payments had stopped. I could hve just cancelled the payments etc and let them get on with it. However after there arsey attitude it looks like i'll hve to revert back to that
I thought i was doing the decent thing by informing them of the situation, rather than having them running around for months trying to figure out why there payments had stopped. I could hve just cancelled the payments etc and let them get on with it. However after there arsey attitude it looks like i'll hve to revert back to that
They are sticking to the letter of the law (stupidly). The problem they have is that they have no legal authority to talk to you. As far as they are concerned you are a complete stranger.
This is a real problem for couples when one of the partners is incapacitated or unable to handle their own affairs. Joint bank accounts etc get frozen. Tax refunds go unpaid. All sorts of complications can arise. The situation is slightly beter for couples who are married (although not much).
Have you tried taking the matter to someone higher than the usual telephone monkey of the "computer says no" variety?
Are the payments coming out of her bank account?
Can you have the bank account frozen or have the payments stopped in some way?
Have you spoken to her bank?
This is a real problem for couples when one of the partners is incapacitated or unable to handle their own affairs. Joint bank accounts etc get frozen. Tax refunds go unpaid. All sorts of complications can arise. The situation is slightly beter for couples who are married (although not much).
Have you tried taking the matter to someone higher than the usual telephone monkey of the "computer says no" variety?
Are the payments coming out of her bank account?
Can you have the bank account frozen or have the payments stopped in some way?
Have you spoken to her bank?
ks.ringram said:
Personally Id cancel the payments and be done with it.
Worry about the consequences later.
Agreed.Worry about the consequences later.
You have more important things to worry about right now. Missing payments may incur charges and affect your partners credit rating, but I read above you have said she may not recover? (Really sorry to hear that
) in which case, none of that really matters. They will eventually come and take the car.I would just cancel the DD. They will try and contact her. Going through POA seems a lot to try and sort this situation tbh.
Do you have any other assets such as house to worry about? You will need to do something about that.
Who is the finance with? I deal with a couple of finance houses and may be able to put you in touch with who to speak to if you want to resolve this (just PM me) or go with the cancel it then deal layer option.
Check that you can still operate your joint account OK. I've heard tales of banks acting funny in these cicrumstances.
I would also seriously look into seeking a power of attorney over her financial affairs. It may seem complicated and "legal" but it may have to be done.
What about things like property, children etc?
I would also seriously look into seeking a power of attorney over her financial affairs. It may seem complicated and "legal" but it may have to be done.
What about things like property, children etc?
Eric Mc said:
What about things like property, children etc?
Property is rented and i can afford this (for the time being) on my own.Children......Coma is a result of catastrophic complications occurring during Labour of our first child.
I may well jus cancel the Direct Debit and wait for them to ome and collect the car.
Farky said:
Eric Mc said:
What about things like property, children etc?
Property is rented and i can afford this (for the time being) on my own.Children......Coma is a result of catastrophic complications occurring during Labour of our first child.
I may well jus cancel the Direct Debit and wait for them to ome and collect the car.
Sorry if my first post sounded a bit off.
All I can say is my heart goes out. In the big scheme of things, an outstanding car HP isn't that important.
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