NSW Car to be Repossessed - Ex Refusing to Pay Car Loan?

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sammy01

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27 September 2015
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So if the car gets re-possessed... Don't quote me on this but I reckon she will show up as a bad debt because the car is in her name. As in next time, she goes for a loan and hits the question that goes something like - have you ever had any possessions re-possessed because of failure to pay? And the answer is yep...

Now I am only assuming here... But I do think her credit rating will be screwed... Meanwhile, you can justify yours away by explaining that the thing was registered to her... Again, only guessing, but if you go for credit and can explain that one... and you can, it will hurt less than the argument she will have which is her credit rating got screwed because her ex wouldn't pay for her car...
 

Louise too

Well-Known Member
28 November 2018
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So if the car gets re-possessed.... Dont quote me on this BUT I reckon she will show up as a bad debt because the car is in her name.. As in next time she goes for a loan and hits the question that goes something like - have you ever had any possessions re-possessed because of failure to pay? And the answer is YEP...

Now I am only assuming here... BUT I do think her credit rating will be screwed... Meanwhile, you can justify your's away by explaining that the thing was registered to HER.... Again, only guessing, but if you go for credit and can explain that one... and you can, it will hurt less than the argument she will have which is her credit rating got screwed because her ex wouldn't pay for her car.... w


The car loan is in my name. And rego is in her name.
 

Rob Legat - SBPL

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16 February 2017
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If she is not on the loan as a party, it won’t touch her credit file. The lender has no authority to make a listing against her if she hasn’t given her consent to do so under the Privacy Act, and that won’t have happened unless she is legally responsible for the loan in some manner (e.g. as borrower, guarantor).
 

Tim W

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28 April 2014
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I agree with @Rob Legat - SBPL .
Credit files are about credit customers (eg borrowers, guarantors).

This is a blunt force power play by your ex.
No more, no less.
That little voice that is telling you
that your ex is attempting to squeeze you financially,
basically as an act of spite, is correct.
 
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Louise too

Well-Known Member
28 November 2018
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Thank you again for your responses. I feel so much better about my decision. Thank you again.

In addition to the above I currently have my girls (8 and 10) every Thursday evening from School pick up to 8:30 pm and from school pick up every Friday to Sunday evening.

I’m thinking about putting orders for girls to spend at least one weekend a month with their mum, but I still have them Thursday and Friday evenings on her weekend.

Any thoughts Plese. I need to start working some weekends
 

sammy01

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27 September 2015
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That would work if the ex agrees... but I reckon you're better off asking for some more midweek time. Weekends tend to be alternating unless by agreement.
 

Louise too

Well-Known Member
28 November 2018
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That would work if the x agrees... but I reckon your better off asking for some more midweek time. Weekends tend to be alternating unless by agreement.
I’m having the kids every weekend at the moment.
From Thursday to 3 pm Sunday !

I was hoping for at least weekend off month to catch up on things and work.
 

Louise too

Well-Known Member
28 November 2018
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Help me! I’m in a worse situation now.

The car was taken on the money from my ex-wife. Now I’m dealing with parent alienation again.

She told the kids that it is likely that they will be living with me from now on. And to please be ready for their questions tomorrow. Please be ready for their tears and anger and hurt. She never dreamed I would do this, let alone your own blood. I will get what is coming to me and my children will resent me forever.

Her friend will buy the car in 19 days time. And I will have to take care of the approx $10k shortfall anyway.

Please, how do I deal with this?
 

Atticus

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6 February 2019
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Regardless of who's name the debt is in, the car is a joint asset is it not? The 'shortfall' of $10K is, therefore, a joint debt. Do not pay it yourself. It needs to come out of the trust money being held pending a final; settlement...

Do you have parenting orders?... If the kids are left with you full time for any more than a week, be sure and call the CSA to inform them that you now have full-time care. That means your child support will be adjusted probably to zero and the mother may have to start paying you... Wouldn't mind betting the kids are picked up post haste after that...
 

Atticus

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6 February 2019
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You have two threads going on this issue... I have left a response in your 'car repossession' thread
 
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