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How should my brother-in-law dispose of his Hyundai Coupe which has finance owing?

My brother in law (who I’d better not name) is due to appear at the Sheriff Court on very soon on two separate drink drive charges in June 2010 and April 2011. He drives a 2009 Hyundai coupe, which still has an amount outstanding on HP. He is the registered owner but I understand the finance company is the 'legal owner'. A lengthy driving ban is expected and his best bet would be to dispose of the car. How best should he go about this ensuring he will receive the value of the sale less the outstanding HP debt?

Asked on 16 June 2011 by (Initials withheld), West Kilbride

Answered by Honest John
He cannot legally sell it without paying off the debt and if he attempts to do so it will show up on the finance registers. If he takes it up with the finance house they will probably simply auction the car off and he will get any balance between what they realise and what he owes, which may be nothing.
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