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VIC Personal Loan on My Behalf - What will Happen to Car?

Discussion in 'Property Law Forum' started by daniel ahern, 12 August 2015.

  1. daniel ahern

    daniel ahern Member

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    My ex took a personal loan out on behalf of myself for a car. I had not signed any paperwork whatsoever except for the car itself which is in my name. I have been making the weekly loan repayments as required in the loan payment plan set by the bank.

    She has threatened if I don't get a car loan to pay her out, she will have the car repossessed. I am currently unable to apply for car finance due to recently just being discharged from bankruptcy.

    If I am making the payments set by the bank, what grounds has she to be able to have the car taken out of my name. The loan is an unsecured loan. Also she had admitted to me she had been accessing my bank account to take money out without my knowledge which in turn is her committing fraud as she had no legal right to be in my bank account.

    Will I have to get rid of the car or sign it over or will I be able to hold onto it as I'm making the loan payments?
     
  2. Tim W

    Tim W Lawyer

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    Let me see if I have this right....
    Your ex (your then girlfriend?) took out a loan in her name
    while you were bankrupt, so that you could have a car?
    And now, since becoming your ex, she wants out of a debt in her name that is for your benefit?

    Well now, let's see just how many spiders we have in this bag....
    1. Concealing a debt from your Trustee;
    2. Concealing an asset from your Trustee;
    3. Obtaining credit to which you would not normally be entitled;
    4. Conspiring with another person to commit a fraud on the lender.
    Maybe the first thing you do is go (together) to the lender,
    and see if you can arrange for you to take over her loan.
     
  3. daniel ahern

    daniel ahern Member

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    I was discharged already. Tim.
     
  4. daniel ahern

    daniel ahern Member

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    So tim nothing was "concealed". I was in my legal right to have an assett above which is set by the trustee as inwas no longer bankrupt. The loan was taken out after being discharged the vehicle was purchased after i was discharged and all contributions to the trustee where uo to date and everything was legal. Even the loan as its a "personal loan" in which she chose to take out. I never told her to do it. It was mearly a favor. It was then after she had someone else burried balls deep and i left her that she decided to steal money from my bank account and threaten to take the car away as its loan is under her name. There is no kaviet or what ever against the vehicle and i honestly have no problems making the repayments until its paid out. I have no intention in ceasing the repayments as its my car. But because of my recent "discharge" from bankruptcy im unable to aquire finance. The question i had is.....
    Is she able to take a care registered insured and paid for by me when the only thing she has is an unsecured "personal" loan that is unofficially tied to the vehicle? Also is it very wise of her to be attempting threats to me when she has fraudulently stolen money from my bank account.
     
  5. Tim W

    Tim W Lawyer

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    She might have what the law calls an "equitable interest" in the vehicle.
    Check the loan documents - it might be an unsecured loan, but it might not.
    Stealing money is always unwise. Speak to your bank and make arrangements to remove any authorities she may have on your accounts, and to cancel any cards she may have.
    Consider going to the police about any stealing.

    As for this bit
    ...that's still my position.
     

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