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Car finance, log book help needed

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souldriver | 17:06 Thu 02nd Nov 2006 | Law
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This is a bit teicky so i'll explain best i can...

I have recently purchased a car on finance over 5 years, the car was for my partner, but we have now split up. the finance is in my name, and so was the log book, but she opened my mail and took the log book and said she was getting it changed into her name.

Does any one know where i stand, as i am now left with 5 year finance for a car i dont have and no log book.
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tell her that if she does not return the car and log book you willl report the car as stolen,and you will not pay any more instalments and the car will be snatched back by the finance company.
The name on the log book is irrelevant. It is just the name of the registered keeper, who does not necessarily need to be the owner. If you bought the car with your money and the purchase documents and finance are in your name then you are the owner, unless you intended it to be a gift to your partner.

How you get the car back is another matter - especially as your ex will almost certainly say it was a gift if she is challenged.
Norman's post came up after I had entered mine. The finance co. will only repossess the car if it is on HP. If it is any other kind of credit agreement then they won't - because you own it. What I said about ownership in my previous post only applies if it is not an HP agreement. If it is HP, then the finance co. owns it until all payments have been made.

If you stop payments &/or the car is repossessed you will still be legally liable for any remaining debt and your credit record could be adversely affected.
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thanks for your help,
Couple of things. I am assuming she has the log book in her possession. What address is on the log book? If it is yours and she changes the details without you signing and returning the counterpart, the DVLA will contact you to confirm that the name and address change is genuine. It is at this point you can stop the name change taking place.
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the log book was in my name and address, i havent signed anything at present.
in order for her to change the name she would need you to countersign the V5 as you are the registered owner. If she changes it to her name, then yo know that she has forged a signature on the "registered keepr" section and then signed her name on new keeper or change of details.

Either way you must countersign her to be able to do this.

I would speak with the DVLA, each log book has its own bart code. You have 2 choices: -

1. tell dvla that you have lost the log book and ask them to send a duplicate, thus meaning the old one become null and void. You may have to pay a small charge, byt better that than the implication of what could happen.

2. advise the DVLA of te situation, ask them to either block the log book and send you a new one or make a note on their records showing that no name change should be made with out your prior authorisation, as this would be fradulence on your exes part.

As i am fleet manager it is always good to have a trick up your sleeve

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