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NSW Ex-Partner Not Making Payment for Car - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Lmgatt, 6 February 2016.

  1. Lmgatt

    Lmgatt Member

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    Hi,

    My ex-partner was supposed to buy my car from me. The deal between us was that he would pay the car off in a few lump sums and then I would transfer the car registration to his name (because he owes me a lot of other money so this was my security of sorts that he wouldn't just disappear and not pay once he owned the car).

    He never made the agreed lump sum payments and instead pays $200 every now and then but I am constantly chasing him and he never pays. This has been going on for over a year.

    As the car is registered to me still and he has not finished paying. Is there anything I can do from a legal standpoint? Can I have the car repossessed and how would I do that?

    Thank you. All input is much appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    What is the situation with the car? Is it owned outright or do you owe money on a car loan? Whose name is the loan in? Yours?

    Did you agree on details of how much each lump sum would be and when it would be paid? Was there any agreement to pay you back the other money he owes you? Or is that disputed?
     
  3. Lmgatt

    Lmgatt Member

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    I own the car outright so no loan involved. He maxed out my credit card so the agreement was that for every car payment he gave me he had to give equal amount for the credit card or I would split the payment as it was a substantial amount.
    He agrees but then doesn't pay or pays a tiny amount. Then when I ask him for money he gets angry and makes threats.
     
  4. Sophea

    Sophea Well-Known Member

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    Sorry and why do you want to have the car repossessed?

    I would apply all the money he has given you to the credit card debt and tell him that that the deal is off. Sell the car if you wish. By not making payments as agreed, he is indicating he no longer considers himself to be bound by the agreement, this is a repudiation of the contract entitling you to terminate it. Then if you wish, sue him for the remaining credit card debt owing.

    I would, however, send him a letter of demand giving him a final opportunity to make payments off his debt and to purchase the vehicle as agreed. If he refuses or ignores, terminate it and move on.
     
  5. Lmgatt

    Lmgatt Member

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    Thank you. By repossess, I mean is there a way I can get the car off him once I've given him a letter and time frame to pay?

    I can't just go take it myself I have no keys for it and he would do anything to me to stop me taking it.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Is this agreement in writing anywhere?
     
  7. Lmgatt

    Lmgatt Member

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    Maybe about a million text messages ago.

    My main question is, can I get my car back as its registered to me?
     

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