HELP...I have a lone parent on IS, severly disabled daughter (DLA and motability car). Her on/off boyfriend asked her to take out a HP agreement to enable him to buy a car (his credit not good) she did this and he has been making payments - sporadically. Following a LTAHAW investigation DWP noted that she was receiving monies from the ex and have determined that this is 'maintenance' and reduced her IS accordingly.
The HP agreement and car registration is in Cl's name. She does not have possession of, nor insurance on the vehicle. I have drafted a statement for ex to sign outlining his agreement with Cl however he is probably too canny to sign this and confirm his liability for the debt.
Maintenance not previously applied for via CSA as domestic violence issues, Cl sometimes fearful of ex.
GL24 submitted, any help/advice/case law would be very gratefully received.
Thanks.....

I think this case will rest on the credibility of her testimony, and any evidence circumstancial or otherwise suggesting on the balance of probabilities there is a link between monies paid by him and the car.

On what basis did the DM decide monies from ex is maintenance?

How sporadic are the payments? any pattern suggesting parallels with HP payments.

Is your client actually making the HP payments herself, or is her ex's sporadic payments covering the HP or reimbursing any HP payments she has made on his behalf.

I live life in the bus lane, so know nothing about cars, but i take it your client is registered as owner with DVLA, is there anything to link him with the car.

She's on a low income, running 2 cars arguments? costs? Possibly lending credence to other arguments?

Whose address is the car insured at?

Many thanks for your helpful hints andyp4.
In answer to your questions;
I am awaiting bundle from DWP so at this time I have no idea what basis they decided the money was maintenance. All Cl can tell me is that when the DWP were investigating the previous LTAHAW claim she showed them her bank statements as proof they did not share finances.
Cl makes the relevant payments each month. She has no idea where ex is living etc so texts him each month to remind him (I am also checking to see if she has record of texts) the ex then drops cash - sometimes - through her door. Cl has been making the payments regardless of whether the ex misses a month.
Cl is getting together statements etc in the hope we can link deposits of cash to HP installments.

Ruth T - Cl assumes car is insured to whatever address Cl lives at but she has no access to this info or proof.

Further to the above (i.e. what you are already doing which sounds good), domestic violence and domestic abuse - any available evidence that may suggest coercion, emotional blackmail, vulnerability to exploitation by ex partner?

Andy,
I haven't explored the domestic violence, exploitation issue because I didn't want to open a possible can of worms regarding the CSA.

It may not be relevant to the benefit issue, but registration with DVLA is not evidence of ownership. It is simply a register of keepers. DVLA have no knowledge of whether the person registered actually owns the vehicle, but they do use the information to impose penalties on the registered keeper when applicable, & provide it to bodies such as local authorities who are chasing parking fines & other traffic offences. The keeper is then deemed to be liable for any penalties & can get Court claims against them.

As your client is presumably not the keeper of the car it would be in her interest to get herself removed from DVLA records. Hopefully she has the logbook, but even then it may not be easy as she has no address for the actual keeper. She may need assistance to try & get this sorted.

I should have added that if she goes here:

http://www.askmid.com/ownvehicle/

and enters the registration number she can find out whether the car is insured (but not the name it is insured in). If it is not insured, she is at further risk if she remains the registered keeper.

Many thanks Derek,
I have explained to the Cl the relevant keeper/registration info, but I didn't know about the motor insurers database so the link was really useful.
The car is insured, so that is something.
I will be asking the Cl if she still has the V5 registration document, but I wonder if she is obliged to keep the car in her name until HP paid off???

and as I understand it one can only insure a car one owns, so one wonders what the man has told the insurer - thus, it may be in fact that the car, whilst apparently insured, is not, just to complicate matters further. given that MID has confirmed it is insured, and presumably told her who the insurer is, that may or may not be a line to investigate (and i'm surprised the DWP have not ...)

Hi Claire,
I have just checked the www and it appears you do not have to own a vehicle in order to insure it (in this case the car is still owned by the HP company, until the last payment made).
Regarding the DWP, they contacted the DVLA for disclosure of car details but do not appear to have delved any further!
It is a line I shall definately persue, thanks.

" I wonder if she is obliged to keep the car in her name until HP paid off?"

Not so far as I know. I am not aware of anything in HP contracts which requires this, but it would be as well to check the wording on her document. Her contract is to pay for the car &, subject to relevant law, the finance co. can repossess it if she fails to do so, whether it is registered to her or to someone else.

Of course, she could always just stop paying. He would then stop paying her & that might solve the benefit problem. However, repossession of the car would adversely affect her credit rating & she presumably also has to consider the DV issue.

Hmmmm all these suggestions, you guys are going to keep me very busy!!!!!
I shall look into the HP/ownership/registration issue, thanks Derek.

I take your regarding point the domestic violence and abuse.

Any issues around parking e.g. i.e. residents parking permit scenario's.

Hi Claire,
I have just checked the www and it appears you do not have to own a vehicle in order to insure it "

i'm surprised... my understand had always been to the contrary...

in any event, insurance is a contract of utmost good faith (i.e., you have to tell them every little thing....) and it may well be they could declare void ...


"Regarding the DWP, they contacted the DVLA for disclosure of car details but do not appear to have delved any further!"

that's not surprising ... that would require them to ACTUALLY investigate and gather evidence...

Thank you everyone for your help and suggestions, the Client is attempting to get supporting paperwork and it even seems that the ex may be willing to sign a statement I shall keep you all posted.
Thanks again.