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In Laws car

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kittykat1980 | 10:43 Tue 17th Jun 2008 | Motoring
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I am currently the registered keeper of a car that i drive but the finance is in my Brother in laws name, due to a big Family fallout i am debating whether to give him the car back, will i be liable for anything considering the finance is in his name?????
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What do you mean liable? Can you give an example of something that you might be concerned about, please?
Question Author
I mean would i have to pay for the car if i returned it to him??
But he's already paying for the car, so why would you need to pay him any money?

I might be having a brain fart here, but it sounds like you're asking if you will need to pay him to take the car back....??
Question Author
No sorry ive confused you, the finance is in his name but at the moment i currently put the money into his bank account every month for the car, so my question is that if i decided to give him the car back then will i still have to pay for the car????
Ahhhhh I see!

Did he take the finance out in his name to help you out with the understanding that you would still make the payments?

Legally, it's in his name and it is up to him to make sure the payments are met on time, if a payment is missed, it wil be him that will be chased, not you.

You could ask him if he wanted to take over the payments, but if he doesn't then you have 3 options.

1. Give him back the car anyway and leave him to make the payments whether he likes it or not, but that's pretty nasty.

2. Sell the car, settle the loan and neither of you need to talk about it again.

3. Make up with him and restore harmony within the family :)

I've just remembered something too, a couple of years ago my pal broke up with her long term boyfriend. They had taken a loan out and they were both putting money toward the repayment, but the loan was in her name.

Anyway, when they broke up he decided not to continue paying his half of the loan thinking that he'd be free from it because his name wasn't on the loan agreement. My friend went to a solicitor who instigated something that forced him to pay his share.

I'm sorry I don't rememer the ins and outs of it, but it's worth remembering when you make a decision about what to do.
Question Author
Thanks for your advice, i am in the process of trying to sell the car but its proving to be harder then i thought, as for making up thats not an option im afraid as he is the one that wants nothing more to do with me, i have options so i guess its what i decide to do, thanks again..
i think you should get a nice boyfriend who will support you through it
Is the V5 document in your name cause if it is then send it off and change it into the name of your brother in law then once it's been done give him the car back with the V5 document so he can then pay the loan off or sell the car...

If you give the car back and don't change the name then you could get a lot of speeding/red light fines that your brother in law rakes up for you just to p*** you off....
Don't do anything to make a bad family situation worse.

I suggest you speak to your bank about getting finance to pay off the loan that is in his name.

He might be impressed that you have arranged to clear this problem from his name. It might help the future reconcilition that will happen one day.
how can you sell the car when there is outstanding finance on it???surely this would show up on any hpi check??
depends on type of finance as to whether you can sell car or not.

BUT if he can prove that you have been paying him the money for payments relating to the car then he probably is in a good position to sue you for the balance if you were to stop paying
Question Author
Yes the car would show up on a hpi check and i am not supposed to sell the car but as soon as the car is sold then the finance would be cleared off.... as for him proving the payments he cant because i have been making cash payments only to him for the past 2 years so there is no prove, but thanks for your answer anyway....

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