• The place to find the right expertise and make better decisions
  • Find the right expertise
Shawn D.
Shawn D.
Mango Hill, QLD
0 Likes
0 Followers

I bought a car under finance with registration and insurance.
Gave it too my daughter under the arrangement that she will pay fortnightly installment,she changed the registration into her name and no longer pay instalments

Because the finance company has got the loan under make/model/registration of that car,have I got rights too repossess the vehicle?

4 years ago

Responses

You should consult with a solicitor and bring with you all of the papers and paperwork that you have for this matter. The lawyer will want to see everything that passed between you and your daughter if you discussed the arrangement on email or skype or text message. You should get on to this quickly if the loan is getting into default.

Hi Shawn,
I'm assuming that the loan is in your name solely, which of course means you are still fully liable to the lender for all repayments.
If this was a fully Unsecured loan, then the lender would have no interest or charge over the vehicle, and therefore no hold over what happened to its ownership. You no doubt had to sign the registration transfer papers
Whether you have recourse to any action against your daughter will depend on how explicit or formal your arrangement was with her. If you are serious about taking some type of action, I would suggest that you consult a solicitor or legal aid before you do anything.

Hi Shawn,

I would definitely suggest seeking legal advice.

I imagine that the test will be to understand who actually has ownership title of the vehicle. The name a vehicle is registered in does not prove title, it simply allocates legal responsibility.

If the lender has security over the vehicle, they will repossess it no matter what name it is in as they have the legal right to do so.

I hope it ends well for you, good luck.

Your Answer

If you wish to include a video or audio response, you can do this by including links to Youtube, Vimeo or SoundCloud (https://www.youtube.com/watch?v=xxxxxxxxxx OR https://vimeo.com/xxxxxxxxx)

<% error.message %>