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So....Leased a car for wife's xmas pressie in December 2017. Lease contract fully in my name with her not stated at all but she is fully insured. Since splitting in June 2018 she has refused to return the lease vehicle to me despite me offering on several occasions to swap the lease car for my BMW which is in excellent condition, more economical and big enough for the family. Her grounds? It's not practical.
Anyway, on returning my son home a few weekends ago I spotted a fresh, foot long scratch on the car and over texts (we don't talk) asked her why she hasn't advised me especially as I am responsible for damage to the car. My patience has run out in many areas with her (see my rent posting in the maintenance forum) and I asked my solicitor to draw up a letter to her stating that as she is not listed on the lease contract she has no legal right to possess the car and I wanted it returned to me with both sets of keys and in its current condition within 7 days. I followed this up with a reminder recently and advised that I am still willing to discuss a swap. She initially refused to respond but after a message on the 7th day from me advising that I will require the keys and the car that evening she responded stating she was awaiting advice from her solicitor and as such would not be returning the car.
I have advised the lease company of the issue and they advised it's my car get it back and if necessary contact the police but unfortunately the police will do little more than raise a crime number as technically its a civil matter.
So, what are my options? I have begun the process of ending the lease contract early but suspect that any attempt for the lease company to collect the car will be met with complete avoidance or friction which ultimately may fall back on me to resolve!
Outside of that I'm a bit stuck!
Sorry to hear. I wont be of much help I am afraid. I had similar, finance in my name, she had the car. Claimed it was a gift to court - it wasnt.
Had advice just to stop paying and let finance company claim back - but my credit record not hers.
I had to keep paying monthly and the court then decreed I pay off the lump sum and the car became hers as in her possession. Finance taken in Sept 2013, I lived in the marital home for 6 months and paid for the entire car myself.
I wish you well in attempting to resolve yours.
I can only think of the advice above to stop paying and let them repossess. My thoughts are that once they do this, if you pay them any shortfall, you should be able to get that added to your credit record, and it may not be affected to severely. Certainly speak to the finance company (I'm sure they'll try to keep you paying as it's the easiest option), and see what your solicitor suggests as the next step.
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