VIC Car loan - ex wife still has loan in my name

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sammy01

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27 September 2015
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how much is owed on the loan?
Look, I don't think having your name on a car loan that is shared with the ex is going to cause you major dramas as far as applying for a loan... Why not speak to the bank and find out if it is a problem....That way you'll know if legal action is required. In my experience, I was pretty surprised and the approach my bank took. So having fallen behind on the mortgage, I got kicked out (IVO) and she was living in the house, I stopped paying the mortgage and the bank started talking about fore-closure. The ex refused to mediate or do anything to sort out finances and children, but that changed when she didn't have the $$$ to get the bank of our case but I did... Anyways, move forward a few short years and I'm looking at buying a house. I had to explain the situation to the bank and since the family house had been sold and the loan had been paid out, they were happy to lend me a few hundred grand... So the whole fear about your credit rating might not be as dire as you may have thought.

Going and collecting the car in the middle of the night and selling it to yourself is both illegal and stupid advice... You have an IVO out on you. So presumably going to her residence would be a breach of the IVO? You take the car it would be a considerable breach of the IVO and you will likely go to jail. It gets more stupid... You mentioned that the car was given to her as part of the property settlement??? So that means she has some paperwork that shows you understand you don't own the car... It gets more stupid... IF she is the registered owner of the car according to Vic Roads and you took stupid advice and went and took the car, having explained to us that there is an IVO, that she is the legal owner of the car according to the property settlement and (assuming) she is the registered owner of the car then you can throw theft into the mix of consequences of taking advice from stupid people.

But at least you would not have to worry about when you'll get to see the kids, well not for 18 months - 2yrs because that is how long I reckon you'll go to jail for taking advice from some of the less intelligent folk who post here.
 

Car destroying me

Active Member
6 July 2018
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I would never do anything to jeopdise seeing my children . That’s all I want . I just want the loan out of my name . She has tried refinance but was knocked back . She continues to have the car only due to me being on the loan . There is $28000 owing. Is there any way I can make her sell the car ? I can’t talk to her due to ivo . The fiancé company said I only get off the loan if it’s paid out in full.
 

sammy01

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27 September 2015
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ok so talk to us about child access. Do you have consent orders about child access?

My thinking right now is don't poke the bear... If she is paying the thing off SWEET. Clearly she doesn't want to default.

This thing will only become a problem IF it stops you getting a loan... Get an answer to that one first.

Can you force her to sellthe thing? mate that might make things worse. She sells it - only gets $25 000 but owes $28000... Worse, she sells it but doesn't repay the loan...
MESSY.
so if you have court orders that say she has to refinance the car, you could do her for contravention of the orders, back to court... More stress and if you don't have court orders that secure your time with the kids, well it gets messy.
Right now it is not a problem - keep it that way. Pick your battles, until you've been knocked back on finance because of the car it isn't a problem.
 

Car destroying me

Active Member
6 July 2018
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ok so talk to us about child access. Do you have consent orders about child access?

My thinking right now is don't poke the bear... If she is paying the thing off SWEET. Clearly she doesn't want to default.

This thing will only become a problem IF it stops you getting a loan... Get an answer to that one first.

Can you force her to sellthe thing? mate that might make things worse. She sells it - only gets $25 000 but owes $28000... Worse, she sells it but doesn't repay the loan...
MESSY.
so if you have court orders that say she has to refinance the car, you could do her for contravention of the orders, back to court... More stress and if you don't have court orders that secure your time with the kids, well it gets messy.
Right now it is not a problem - keep it that way. Pick your battles, until you've been knocked back on finance because of the car it isn't a problem.
 

Car destroying me

Active Member
6 July 2018
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She has denied me access to my kids for three months . I’m in process of taking her to family court. She is laughing in my face .if this causes her an issue than it’s a win on my end .
 

sammy01

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27 September 2015
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no mate it is not..
When you go to court, you wanna tell the magistrate that you get on well enough with the ex and you can effectively co-parent. She is gonna make the case that you should not be near the kids because your a bad dad and there is lots of conflict, so far she is winning, she has an IVO as proof... Throwing fuel on the fire ain't gonna help your cause.

So mediation tried? and failed? how old are the kids? What sort of time do you want with them?
Leave the car for the minute and focus on the kids... Tough times mate, been there. Dont sweat the small stuff and do nothing that would give her more reason to deprive you access to the kids.
 

Car destroying me

Active Member
6 July 2018
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3 and newborn yet to see . Mediation did two months ago she yet to do it . She is stalling . Next hearing three months away for ivo . Why so long ? Is is ridiculous. She has legal aid . Thinking family court only option to see my kids
 

thatbloke

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5 February 2018
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Blah Blah Blah Blah Blah this happened to me, this happened to me, this happened to me, this happened to me
An IVO can easily have orders that do not include any exclusion zone, also the OPINION i gave was before Miguel mentioned the property settlement, but please continue to follow me around like the waft of a toilet with no air freshener after a curry whilst talking about yourself AGAIN. I am amazed on just how much you have had happen to you.. Almost every post you make you have had it happen to you.. . Does bad luck follow you around?

No doubt you are about to tell Miguel to accept the IVO and move on, which is your usual (awful) opinion.. but obviously you do not know a thing about the new amendments about to try to be turned into legislation on protected witnesses in family law hearings that make this capitulation in IVO/DVO/AVO matters case suicide if you are self representing . Time for some more research Sammy boy ;-D
 
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thatbloke

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5 February 2018
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Oops i meant the OP not Miguel in relation to the IVO. Hard to focus with that bad smell following me around
 

MartyK

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4 June 2016
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Family Law Amendment (Family Violence and Cross- examination of Parties) Bill 2018 - before Parliament - applies to self represented litigants, where violence is alleged, criminal convictions etc. - relates to cross-examination - trial. Referred to the Senate Legal and Constitution and Affairs Legislation Commitee - report due 13 August.

Could save Court time when testing evidence (trial is where evidence is tested, most matters do not go to trial), if mandatory representation present (for trial) in certain circumstances? - better legal argument (many instances)? - protections for parties? - fewer allegations of Courts failure to afford procedural fairness to either party? - who knows?

It does not negate other legislation - not yet passed Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 – Parliament of Australia

3 and newborn yet to see . Mediation did two months ago she yet to do it . She is stalling . Next hearing three months away for ivo . Why so long ? Is is ridiculous. She has legal aid . Thinking family court only option to see my kids

Have you filed an initiating application? - you do not need to wait until the DV hearing 3 months away to file
 
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