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Do I legally own this car?

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  • Do I legally own this car?

    Hi Folks, first time on here (never thought i'd need this kinda help). My wife and I are splitting up. Now I financed a car in my name as she has poor credit. This was with Peugeot. The car has about £8000 left to pay, this is with HP agreement, where £190 is paid every month, then a final payment has to be made. Now my 'wife' has been paying the money by DD into my account, where by Peugeot then lift if from my account. I know she is about to stop the DD, leaving me to pay the money, whilst she enjoys a free car. So, if she does this, and she is the registered keeper of the car, can I take the car without notice to her?. Obviously i would remind her that she hasn't payed, and I cant afford to do so. But, where do I stand legally to get the car back? And, what if she decided to sell the car? I'll assume Peugeot still own the car, and they won't care as long they get their money, I just need to know where I stand legally? We are in Northern Ireland.

    Many thanks,

    C
    Tags: None

  • #2
    Re: Do I legally own this car?

    on HP after checks no sale would take place? - the HP company would be the proper owner until paid off/assigned to somebody else, if you cannot make the payments you are oblidged as the Finance is in your name you are liable, after repayment of a certain % percentage then the HP company cannot take it back but of course you could surrender the car back to them BUT any outstanding debt to them you are liable for!

    sure others in th know & better understanding will advise you the above is just a bit I new about but not concisive

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    • #3
      Re: Do I legally own this car?

      I think you might be having a problem.
      There is almost bound to be a clause which states you must keep the vehicle at YOUR address and you may not part with possession of the goods.

      As Mile says, the car belongs to the financial institution, you are responsible for it and your (soon to be ex?) wife should not be retaining it.
      You do not have the standing to give it to her, and regardless of the cash she has given you, ownership is not hers.

      ? [MENTION=71570]R0b[/MENTION]

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      • #4
        Re: Do I legally own this car?

        I agree with Des,

        You would normally expect to see in the terms and conditions that you are to be the main user of the vehicle and ensure you have it in your control at all times. See below common wording that would be in the agreement, particularly clause 4.4



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        • #5
          Re: Do I legally own this car?

          Also, as far as I know, any domestic arrangement regarding who paid what & how is likely to be regarded as a private matter not subject to legal enforcement.
          There is a presumption in law that, in domestic situations, there isn't an intention to create legal relations.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

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          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


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