Legal (car reposession) help required...

[tobeee]

Any legal folk out there??

Two years ago my friend stood as guarantor on some finance for her partner (now ex-partner) to buy a car, as he was declared bankrupt and could not finance it himself. She wrote up an agreement, which her ex-partner signed, agreeing that he would always make the payments himself.

As she has now broken up with the guy, he has stopped paying the finance for the car (though he is still using it). The Log book is currently in his name, but her solicitor says the car is legally hers as the finance is in her name.

She needs to know the best way of getting the car back as her ex-partner will obviously not give it back to her! If she had a key (she doesn't!) could she legally take the car back? Is the solicitor correct to say that she is the legal owner?

This is affecting her credit rating, so she needs to get it sorted quickly.

[themaskedavenger]

Might be worth getting her to speak with the finance company they will probably have come across this for her or might recommend a repo company that she could use.

[Egbert Nobacon]

In your first paragraph you say that she stood guarantor for the loan, but further down you say that the finance was in her name.

You need to clarify this as it will affect who has claim to title after the finance company.

I would suggest a call to the finance company - having worked for a few, most are helpful in these situations as it is in their best interests as well to get the matter resolved.

Good luck.

[Piglet]

I'd also be concerned that the document that she made him sign to confirm that he would make the payments may well indicate that ownership was passing to him. Why else would he be required to pay.

I think your friend may be in some difficulty here but as said above you need to give clear details of who's name the finance is in - is she the loan holder or just guarantor?