How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Peter G. Your Own Question
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience:  Law degree from the University of Melbourne 1978, with thirty years of practice experience.
32846363
Type Your Australia Law Question Here...
Peter G. is online now
A new question is answered every 9 seconds

My HUSBAND TOOK OUT A LOAN FOR A CAR FOR HIS BROTHER, BECAUSE

Customer Question

My HUSBAND TOOK OUT A LOAN FOR A CAR FOR HIS BROTHER, BECAUSE THEY COULDN'T CAUSE THEY ARE BANKRUPT. NOW THEY HAVE BEEN PAYING IT BUT IN THE LAST 6 MONTHS WE HAVE STOPPED SPEAKING TO THEM. THEY HAVE BEEN LATE ON PAYMENTS AND THE FINANCE COMPANY IS GOING TO REPOSSESS THE CAR IF THEY DON'T CONTINUE THE PAYMENTS. THEY CURRENTLY HAVE THE CAR AND USE IT AS IT IS THERE OWN EVEN THOUGH IT IS IN MY HUSBANDS NAME. IS THERE ANY WAY WE CAN GET THE CAR BACK OFF THEM, BECAUSE WE DON'T WANT TO BE RESPONSIBLE IF THEY MISS THE PAYMENT BECAUSE MY HUSBAND WE GET THE BAD NAME ON HIS RECORD. WE JUST WANT THE CAR BACK AND WE WILL CONTINUE THE PAYMENTS, BUT WERE NOT GOING TO PAY IN WHILE THEY HAVE GOT IT IN THEIR POSESSION. WHAT CAN I DO TO GET IT BACK I NEED YOUR HELP?
Submitted: 8 years ago.
Category: Australia Law
Expert:  Peter G. replied 8 years ago.
It would not be illegal for you to repossess it. Can you do this?
Customer: replied 8 years ago.
BUT JUST SAY IF WE DID THAT, COULD THEY TAKE US TO COURT TO PROVE THAT THEY WERE PAYING IT WOULD THEY HAVE ANY GROUNDS TO GET THE MONEY THEY PAID ON THE CAR BACK
Expert:  Peter G. replied 8 years ago.
What is the car and the loan worth?
Customer: replied 8 years ago.
ITS A HOLDEN ASTRA AND IT WAS BETWEEN 10 TO 15,000 AND MY HUSBAND GOT IT FOR THEM 2 TO 2 1/2 YEARS AGO
Expert:  Peter G. replied 8 years ago.
Well, I don't think there is much risk of them taking you to court. If the person is bankrupt then he probably doesn't have the capacity to take court action - the trustee would have to do that on his behalf.

But, more than that, there is surely an implied understanding between you that if the loan is not paid then the car can be taken back by you, given that you are responsible for the loan, the car is in your name, and you will suffer credit problems if the loan goes into default.

Is this not the case?
Customer: replied 8 years ago.
YES, WOULD A STAT DEC STAND IN COURT IF THEY SIGNED IT SAYING THAT THEY USE THE CAR AND ARE PAYING THE REPAYMENTS UNTIL THE CAR IS PAID IN FULL, JUST IN CASE ANYTHING HAD TO GROW WRONG.
Expert:  Peter G. replied 8 years ago.
I don't quite understand this - what do you mean?
Customer: replied 8 years ago.
ITS A STATUTORY DECLARATION SIGNDED BY MY HUSBAND AND HIS BROTHER AND THEN WITNESSED AND SIGNED BY A JP, TO MY KNOWLEDGE THIS IS A LEGAL DOCUMENT AND CAN BE SUBMITTED IN COURT IF ANYTHING HAD TO GO WRONG
Expert:  Peter G. replied 8 years ago.
Yes, but what are you trying to achieve by the statutory declaration?
Customer: replied 8 years ago.
JUST THE PROOF THAT THEY AGREED TO PAY THE FULL AMOUNT OF THE CAR SO WE ARE NOT LIABLE FOR ANY COSTS
Expert:  Peter G. replied 8 years ago.
If you can get it then get it - it can do no harm. You should have something in writing setting out what the terms of the arrangement are. But the botXXXXX XXXXXne here is that you own the car and have a right to possession of it in these circumstances.

I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.