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Car finance issue

  • 07-08-2021 8:52pm
    #1
    Registered Users Posts: 305 ✭✭ CaoimhinCong


    My daughter got a car on finance for her partner who is now her ex. He is saying he is selling the car with 6k still owed on it.

    Is she liable for the 6k even though the car is in his name on log book, and can he do that?



Comments

  • Registered Users Posts: 1,760 ✭✭✭ dudley72


    Not really for this forum

    but this answer your question, yes if she took out the finance then she has to pay it



  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    If the finance is attached to the car such as a lease or hire purchase, it can't be sold without finance being cleared.


    If it was a personal loan and she purchased the car after obtaining the loan, then little she can do.


    She could claim that it is her car and remove it from him.



  • Registered Users Posts: 305 ✭✭ CaoimhinCong


    Can she take if off him even though his name's on log book



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  • Registered Users Posts: 6,748 ✭✭✭ Chinese whospers


    Unlikely.

    Has she asked the boyfriend to take on the payments.

    If she stopped paying the car would eventually be repossessed. She would tarnish her credit history though.

    I’m in love with him and I feel fine.



  • Registered Users Posts: 6,748 ✭✭✭ Chinese whospers


    Actually, you sure it's a lease and not HP? If HP she might have another option.

    I’m in love with him and I feel fine.



  • Registered Users Posts: 305 ✭✭ CaoimhinCong


    I think she got it on finance as his credit rating was crap and hers good. Can speak to her in morning and find out.



  • Registered Users Posts: 41,355 ✭✭✭✭ SEPT 23 1989


    3k and both your problems disappear



  • Registered Users Posts: 72,159 ✭✭✭✭ Atlantic Dawn


    Basically for the car to be sold legitamtely the finance house needs to get the €6k as part of the sale, otherwise they will chase whoever's name is on the finance agreement for payment outstanding and they will be able to seize the car from whoever buys it.



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  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    If she can show that she bought it, then very little he can do. Gardai won't get involved.

    Registration certificate is not proof of ownership

    As I said, if the car is attached to finance he won't be able to sell it. A cartell report will tell you immediately https://www.cartell.ie/



  • Registered Users Posts: 30,638 ✭✭✭✭ listermint


    Tell the finance company.



  • Registered Users Posts: 1,760 ✭✭✭ dudley72


    You can get car loans which are never assigned to a specific car. I have one. So all depends on the loan, if not tied to the car he can do whatever he wants and she is screwed and still have to pay the loan

    she is not the first person I heard this happen to but it was mostly during the boom Celtic tiger



  • Registered Users Posts: 72,159 ✭✭✭✭ Atlantic Dawn


    Yes your right. I think AIB allow finance linked to a car up to 6 years old, anything older than that is likely a personal loan for the car and in no way linked to ownership of it.



  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    The biggest player is First Auto Finance - part of Finance Ireland. They operate hire purchase and PCP for second hand cars.


    If first auto finance is where the finance came from, there's a very good chance that it is attached to the car and selling it without setting up the finance would be fraud.


    She might like to let the ex boyfriend know that 😃



  • Registered Users Posts: 72,159 ✭✭✭✭ Atlantic Dawn


    OP if you put the reg in to cartell.ie or motorcheck.ie and run a finance check on it that will say whether there's a loan attached to it if your daughter doesn't know.



  • Registered Users Posts: 4,901 ✭✭✭ dingding


    Was just going to suggest this. There are so many ways of financing a car, either with or without the charge being registered on the car. I would agree, get the cartel report and send a copy to her boyfriend.


    Just curious, who was paying back the loan. Was he paying back the loan and she just facilitated the transaction, or was she purchasing the car as well.


    If he was paying and stops paying, then it will impact OP's finance history and may come against her in the future.

    As other posters have said, the registration cert does not prove ownership. I suppose who was paying the loan. This would be more of a proof of ownership.

    If she was paying for it, and he paid nothing, perhaps it could be viewed that he stole her car and wants to sell it.



  • Registered Users Posts: 305 ✭✭ CaoimhinCong


    Cheers these answers clear it up for me.



  • Registered Users Posts: 25,846 ✭✭✭✭ Dempo1


    The car can not be legally sold to anyone if finance still outstanding. Your daughter remains liable for the Debt and ownership is infact belongs to the finance company.

    The ex may think he can sell it but any sensible purchaser will do a car history check and finance owing will show up, if someone is foolish enough to buy a vehicle without checking, the car coukd be repossessed by finance company and purchaser out of pocket.

    I'd certainly get daughter to contact finance company immediately, see if car can be returned, discussed payment arrangement etc. For a cost of a solicitors letter I'd also be advising the ex be told in no uncertain terms, the vehicle to be returned to daughter, with log book and store car till a resolution found. It's currently a civil matter, Gardai may get involved if car sold fraudulently and a potential purchaser defrauded.

    Just as an aside, whilst the word finance is being used, its not clear if its a personal loan or actual finance arrangement attached to a vehicle.

    If its a personal loan, I'm afraid this further complicates matters as a personal loan may not infact be assigned to the vehicle in question in other words, a history check won't show finance outstanding and proof of ownership now becomes even more complicated given log book in ex"s name, whilst proof can be presented it now becomes a he said, she said dispute. In a sense it's actually better if finance assigned to the vehicle by way of finance agreement.

    Post edited by Dempo1 on

    Is maith an scáthán súil charad.




  • Registered Users Posts: 25,846 ✭✭✭✭ Dempo1


    Unfortunately, given the relationship, previously, proving car Stolen at this stage would be difficult, particularly if log book in ex"s name. Gardai may deem this as a civil matter at present, but it won't be if car sold fraudulently.

    If at all possible, daughter needs to stop any potential sale and have car returned to her immediately until she speaks with finance company. Whatever way this situation is viewed, it needs to be addressed before car sold, this will just turn a mess into a far more serious matter.

    Is maith an scáthán súil charad.




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  • Registered Users Posts: 1,760 ✭✭✭ dudley72


    She took the finance, not him. She is responsible.

    If he sells something that is not his then he could be charged with selling stolen goods.



  • Registered Users Posts: 3,818 ✭✭✭ Darc19


    Unlikely. Gardai tend to avoid personal disputes like this.

    Fraud is the charge that would be taken as it's fraud to sell a vehicle knowing there is finance on it.



    I'd tell the ex that payments are being stopped with agreement with the finance company and that they have agreed to repossess their car.



  • Registered Users Posts: 305 ✭✭ CaoimhinCong




  • Registered Users Posts: 11,766 ✭✭✭✭ Gael23


    Wrong forum for this question



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