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NSW Obtaining Car Not Registered in My Name but on Car Loan?

Discussion in 'Debt and Bankruptcy Law Forum' started by NiKo84, 27 February 2015.

  1. NiKo84

    NiKo84 Member

    27 February 2015
    Likes Received:
    I am listed as the 'hirer of goods' on a hire purchase agreement for my brother's car. I used my name to get him the car loan because his credit rating was poor, but it is his name on the registration papers. Our agreement was that I would use my name on the finance papers and he would pay the loan repayments. The bank was aware of this agreement between us and had no problems with it when he bought the car. Now my brother is out of work and spends most of his money on drugs. He hasn't made a repayment in over 2 years and I have been paying his loan for him.

    Recently he smashed the car while he was driving it unregistered. It was impounded by the police after being reported stolen by my brother, although it was not really stolen, he simply left it in a shopping centre car park and forgot where it was (again, due to drugs). I want to pay to get it back from the police holding yard, have it repaired and sell it to pay out the loan, because I don't want to make the repayments for him anymore, and I also fear he will drive it while under the influence of drugs and hurt himself or someone else.

    How do I sell the car or get possession of it when the registration (which has lapsed) is in my brother's name? Do I have any rights as the loan payer/hirer of goods? I don't want this situation to affect my credit rating, so I don't want to let the bank simply repossess it.

    Do I need to go through the courts to have the registration transferred into my name?

    I should add, my brother will not cooperate and will not sign the car over to me unless he is forced to. Thank you for any suggestions you may have.
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
    Likes Received:
    Hi there,

    Is the issue above ongoing and do you have any further questions?

    Unfortunately as far as I can tell, the risk that your brother wouldn't uphold his end of the bargain was implicit in the arrangement that you made. I think the easiest course of action would be to contact the bank and have them repossess the car.
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