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QLD Leased Car - Return of Damaged Car?

Discussion in 'Property Law Forum' started by Justin Agius, 28 April 2015.

  1. Justin Agius

    Justin Agius Member

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    Hi Everyone,
    So here is the story. My partner had leased a car (in her name) as she was after a new car. When her relationship with her ex got rocky he advised (manipulated) her to get another car as it would lesson the stresses on the family at this point. (This too would have to be under her name due the his credit rating).

    3 years on he has now given us less than a weeks notice that he will be returning the vehicle damaged and without registration. We have all records to show that he was making the repayments into my partner's bank account for the debits to be taken from and the same with the relevant insurances.

    Having this burden will force my partner into an unintentional default and undue stresses. As a single mother, would a court see that there would be no reason that she would need 2 cars in her name? and see that there would have been reason for him to continue his previous commitment to repay what is left owing as now that his previous default that prohibited him from lending, has now been cleared?

    I find this situation unjust and although her name is on all the paperwork, there would have not been another way to have the cars they needed (at the time) for it all to go ahead.

    Please help.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Justin,

    The family court only has jurisdiction (or power) to make financial orders between 2 people in a relationship if they were either married or in a de facto relationship. A couple will be considered de facto partners where they are living together and, based on all their circumstances, have a relationship as a couple living together on a genuine domestic basis. See this site for further info about this: De facto relationships

    If your partner does not fall under either of these categories, she is limited to pursuing civil legal remedies in a magistrate's or district court. Your partner will still be fully accountable to the bank or leasing company because she is the one who contracted with them, however she may have a right to sue her ex on the basis of a breach of the private agreement they had for him to pay her the leasing fee. She may also be able to recover the decease in price resulting from damage to the vehicle.
     
  3. Justin Agius

    Justin Agius Member

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    Thank you very much!!!
     

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