Car Finance Company Want Car Back But Ex Has Car And Wont Return It

[donkey0978]

In Sept 2007 I stupidly agreed to finance a car on behalf of my now ex partner as he was newly self-employed and couldnt get the credit for the car at the time, I was mis-informed by the car salesman that i could transfer the car finance into my ex-partners name after 12 months, this was obviously not the case. Just for information from the point he got the car in 2007 the direct debits came out of his bank account every month for it.
To clarify the car is registered in his name so he is the current keeper on the V5. I am the person whom is on the finance agreements, so am i right that the owner of the vehicle would be the finance company as there is over half the finance left to pay?
When i split from my ex-partner in Oct 2008 he stated that he would continue to pay for the car as per normal. Recently he has began defaulting and now stopped paying for the car altogether. The finance company have now written to me saying that they have cancelled the finance agreement and now want the car back. I have attempted to get him to bring it back but he has not co-operated with me at all. The finance company have stated its my problem and that i have to get the car back?
What i want to know is :-

Is it indeed my problem? surely the finance company have the ability to go and collect it as its essentially their vehicle? They have the address it is currently at?
Do i have to hire my own "collections" agency company to collect it?
Do i goto a solicitor and take him to court to get the car back?

Help me please! I am watching the defaults come in every month and he is essentially driving around in a 2007 Audi A4 for free which im getting deeper into debt over?

[wiggal]

donkey, I can not be of any use to you I'm afraid, but just wanted to say your ex sounds like a bit of a muppet!

I am currently in completely the opposite position, having had a car bought for me on finance 18 months ago (finance & car are both in my exs name) but I am driving and have full use of the car! I am now stuck in the position that I cant afford the car as at £400 a month just for the finance, it is not possible for me to keep her, but I dont want to just dump her on my ex as that is not fair on him!

Hope you get it sorted and someone here can help you!

[ummmm]

Can't you phone the police?

[buildersmate]

No, umm, because it's a civil matter.

[themas]

If the car is on HP the finance company own it & can repossess it, but they may have to get a Court order to do so. Look in detail at what the original HP agreement says about this. It sounds as if they are trying to get you to agree a voluntary repossession in order to avoid the need for them to go to Court.

If so, that would certainly be in your interest because the sooner the car is repossessed the lower your eventual bill will be (& any Court costs will be added to the bill).

If voluntary repossession is what is to happen, then yes - it is your problem because you have to be able to provide them with the car. I don't know how you go about it. I think you need to talk to a solicitor - taking the HP agreement & any correspondence with you. Be careful about doing anything which might be seen as being illegal (such as sending someone round to break into the car or to lift it onto a transporter. It just might be allowable as you are reponsible to the HP company for the car, but don't do it unless you have clear legal advice it is acceptable.)

The fact it is registered at DVLA in your ex's name is not relevant - that is not a record of ownership.