Losing My Car Soon

[phil2]

I might be losing my ten months old Proton Persona soon because I made the mistake of putting it in the name of my wife of six years.

The problem started from the word go. From the day I found out about the life insurance scam, it has been really a bumpy ride. Even though she works at one of the big hospitals around Silom, and I pay all the bills and told her she could use her salary for her family, she's been cheating on my for the period of our marriage, and she started doing it openly since I bought the car in her name, and ran off three months after I bought the car to stay with a Cameroonian. I asked her to leave because I was tired of the whole situation, and I wanted her to find out for herself that those Cameroonians and Congolese are after her because of her status ( job ) and what I've made her to become, and the Nigerians because they could use her easily for their drugs business because she would not be easily suspected ( I found all these out through the use of KEYLOGGERS ). Each time I caught her, she would say, "I did it because we quarrelled." LIES.

The question is, "How long does one default before Thanachat requests for the car?"

I didn't pay this month and I let the bank know it was because I had separated from my wife at the end of last month and will start paying one the car was in my name. Initially, the told me it would be no proble if i could come up with all the payment slips, and it took me half an hour to do so. Then I was called up by another employee and told that they wont transfer it to me until I pay four months in advance. I agreed to pay but only at the time of change of ownership, and she asked me to hold the line. After five minutes, she said, " Sorry we can't transfer the car to your name because your passport and work permit will expire tomorrow." She hung up immediately. I kept calling, but they kept hanging up as soon as heard my voice, I went to the branch where I usually paid for the car and explained everything. The lady there called them up and told them that my visa was valid until January next year, then the guy at the other end told me that they will not change the ownership until my wife signs the car over to me. He the said, " I will convince her to sign the papers, but please pay for this month." To which I refused. He promised to call me back in ten minutes that he was going to call my wife, but he never did. Today, which is just two week after our conversation, i got a text message requesting for the car. I tried to call the number on the text but they started their gimmicks, so I went to the branch and showed them the text. The staff were surprised because I told them he didn't call me back as promised the last time. After ranting over the phone with him, the girl at the branch told me to solve my problem myself and not get them involved again.

I've talked to many of my friends and they confirmed what the lady at the branch told me that I was supposed to receive the text from the bank after defaulting for two months.

Is the above true? Or is she the one talking to someone at the bank to take the car from me and give it to her? I know I will lose the car and I'm prepared to save up some money to buy a new one, but I thought that will be two months from now.

Thanks in advance for constructive replies.

[sezze]

Honest , i got bored of the complete story . I know that sounds harsh but that's the way it is . I heard plenty of stories like it , or similar and basically come down to the same . you lose the car and maybe if your not careful more and more .

Now , i understand that you are married , official or not official? Not official and the car is in her name , forget about it . Forget the car , and forget about her . The story is over and finished . If possible , leave and see that they do not find you , because you will be hassled or worse . If it is that you are officially married , wel , be careful and take a very good lawyer , to explain you what , where and how . If you still have the keylogging data , keep it somewhere because you never know where it might be good for ( not a big chance but whatever may help ... ) .

So ... to cut it short , if you lose the car right now ... so be it . You lost it anyway . I know it isn't cheap and it is a lot of money but better lose 1 car then more and more and more .

[bdenner]

Unless you can fully pay out the loan hand the keys over to the bank and walk away from it, hopefully lesson learned!

[basjke]

Unless you can fully pay out the loan hand the keys over to the bank and walk away from it, hopefully lesson learned!

And what would be his advantage of paying of the loan?The car is in the wifes name,for sure she would have a big smile if he was so generous.

[beano2274]

as another poster said, forget the car and forget the ex.

If you pay the car off it is still in her name, I do not think she would sign it over to you, as it is worth a lot of money, and is also for show.

Let the bank take the car, if her name is on it then she has the problems with her credit rating and not you.

[sarahsbloke]

Why are you talking to a bank about somebody elses's car?

Not your car, not your business, if they phone you you just say 'not my car, not my business'

Edited September 23, 2010 by sarahsbloke

[uwe_rayong]

Your future ex-wife could extract the car from you very easily with the help of the BiB and a small contribution to the Saturday night massage fund, it would take her 1-2 hours and she drives away with a smile on her face and the wind in her hair.

I would calculate what you really loose if you just write it off.

You probably paid a down payment of around 150.000 THB. You also paid around 10 months, maybe 10.000 THB a month?

Total investment around 250.000 THB? Why not swallow your pride and ask your wife for a transfer nicely.

If she is not interested to sign the transfer for nothing, who could blame her , offer her money. 50-70k cash on her paw by the time she signs the contract in Thanachart branch.

I would offer it to her in a tight timetable, invite her to Zen or a nice restaurant in a Mall which has a Thanachart branch, during the dinner discuss the subject.

If she is not interested make the offer.

Have 50k cash in your pocket. Most Thai girls think in now time, not tomorrow. She could end the dinner 50k richer with just a little signature.

Otherwise the bank will collect it soon and auction it off. If the auction prize not cover the debt she will be responsible for the remaining amount. Used Proton cars are not easy to sell at an auction or anywhere else.

If you pay her 50k you loose only 50k, otherwise you loose more.

[apetley]

If wifey doesn't transfer it over it would be a shame if it got stolen or damaged somehow, if she doesn't maintain the payments herself that would really affect her credit rating

[ilyelol]

consider yourself lucky.

You're losing one of the worst cars ever made in thailand..

125hp my ass, the mazda 109 hp with 0 acceleration is faster. I've had back pain for 2 days after test driving it for 10mins

[MikeyIdea]

Some wrong information here

You may have guaranteed for the loan even if the car is in your wife's name, if you have then you are jointly responsible if your wife doesn't pay and the finance company will come after you if they have to. Affecting credit rating is a strange wording to use here in Thailand, there is no overall rating agency etc here. Perhaps America has something like that, I don't know. And the last thing; if you are legally married, then you do have a joint responsibility even if the car is in your wifes name and even if she took the loan herself

This thing with they will come after you. They will check the farang but their First Choice is still the owner of the car and it seems that she has a legal taxable salary. There is a working system handling cases like this. Default on a loan - finance company gets court decision - work place is notified etc. The company I work for has several employees who are treated differently at each pay-roll, they have debts to pay and they aren't getting away from it.

I am not saying that they won't go after you too, maybe they will I don't know, but I don't think that you should worry too much actually. They should, since the wife has legal taxable income go after her first or at least at the same time. I bet the wife will want a solution quickly when they do, and that it will be much more favourable than current situation when she has the car and doesn't care a bit. You are absolutely correct not to pay a single bath more until you see the car in your name (sort of, the finance company actually holds the book for now) - let the finance company know this, they will go after the wife. If things really turn bad, don't worry, you can always pay and it is not the end of the world

Good Luck

[phutoie2]

If this is a genuine tale of woe I agree with Sarahsbloke and do not pay another satang, keep your powder dry and wait to see what happens.

The one above above likes the sound of his own prose & often appears now on TV informing us we are wrong and have some responsibility for this and that.

I had some verbals with him about the responsibilities of a dog owner when out & about in my Soi!.

Apparently he was in comedy together with Katabeachboy in their native Sweden.

Congrats too on the correct use of "lose and losing", not often seen on TV.

[HDRIDER]

Hi

Take it for a long bad drive, really bad upcountry back road for a few days and then tell her to go get it "somewhere" you lost it anyway i think.

[floridaguy]

Let the both of them go. The car is not in your name, nor is the loan, right? She is not really a good wife, now is she? Let her go too. That is harsh, but if she is willing to end a 6 year marriage over a car, then let her have her way. Count yourself lucky it was just a car that you only paid 10 months and a down payment on, and not a house that is paid off, as so many TV'ers have fell into that trap. I assume that you got some use of the car before she freaked out.

Why fret about the car? You don't have use of it now, so why worry about whether the bank will take it or not. She has the car, let her deal with the bank and the payments. I wouldn't put anymore thought into the car. My brother had the same problem. He bought a car for his wife's brother in his own name, loan and all. The bank called him a year later demanding the 4 late payments or they would take the car. After it was all cleared up and out of his name, he was able to immediately get a bank loan with a different bank. They don't really have a credit rating system that goes system wide. He was screwed with that bank for a little while, but the banks don't really share credit histories with each other.

Now the wife, what are you going to do? I think that may be the real reason for your post. You want to help her by paying for the car, and you want TV'ers to give you moral support? You won't get moral support here.

[morphious]

Why did you not register the car in your name in the first place? its a form you fill in at the cost of 200 baht then registration is in your name i just dont get it

[katabeachbum]

Why did you not register the car in your name in the first place? its a form you fill in at the cost of 200 baht then registration is in your name i just dont get it

a financed car is registered in the name of the finance company and the customers name.

Its not OPs car it belongs to a financecompany, and is financed in his wifes name. She will be the owner when the car is payed for

OP I wouldnt be concerned about the car you have payed for your wife. I would see how much it takes to agree on a divorce in Amphur to avoid court, and then see if there is any amount she would accept to transfer the car-loan to you.

[morphious]

Ah finance ooooohhhhhhhh the work of the devil

[phil2]

Thanks a lot to everyone for your comments, and I'm sorry I got someone bored by my story.

I've actually decided to lose the car and save up to buy a new one next year. And I will divorce her when she's ready to bring my daughter back to school in Bangkok. My daughter has been out of school and is currently living in the village. I went there to see my gaughter, but was asked by her family why I came. Because my daughter is only four in two weeks, and I know she needs both of us was the reason I put up with her cheating for a long time.

Thanks once again.

[techno]

Why are you talking to a bank about somebody elses's car?

Not your car, not your business, if they phone you you just say 'not my car, not my business'

Did the OP act as a guarantor for the car which is why the bank are contacting him because he is the one who probably paid the deposit and has been making the payments. They have his number and because he is a falang they think he will pay. For the OP ignore the calls but tell them where the car is and who is driving it

[bdenner]

Unless you can fully pay out the loan hand the keys over to the bank and walk away from it, hopefully lesson learned!

And what would be his advantage of paying of the loan?The car is in the wifes name,for sure she would have a big smile if he was so generous.

It would be reliant on the outcome of this negotiation.

From the OP

they will not change the ownership until my wife signs the car over to me. He the said, " I will convince her to sign the papers, but please pay for this month."

[bkk_mike]

Get a divorce.

In Thailand you have as much likelihood of getting custody of the child as the mother does. This is not the West. (For a daughter, I believe it's actually a slightly higher chance on the basis that the courts here assume a girl is usually safer with her natural father than with the mother's new boyfriend.)

But you'll need a good lawyer to paint a good picture of you to the court deciding custody. (and possibly paint a bad picture of your wife - taking the child out of school, etc.)

[floridaguy]

Thanks a lot to everyone for your comments, and I'm sorry I got someone bored by my story.

I've actually decided to lose the car and save up to buy a new one next year. And I will divorce her when she's ready to bring my daughter back to school in Bangkok. My daughter has been out of school and is currently living in the village. I went there to see my gaughter, but was asked by her family why I came. Because my daughter is only four in two weeks, and I know she needs both of us was the reason I put up with her cheating for a long time.

Thanks once again.

Phil, sorry man. But like she did with the car, don't wait for her to bring your daughter back. Fight hard, get a lawyer, get custody. Material possessions, they can be replaced, but never your children.

You have my full sympathy. Good luck, and all the best.

[Thunderbird4ever]

Technically its your wifes car. I mean if she went to the bank and cashed out the car and it would be transferred to her and she could sell it. This is something which you can not do with the car.

Morally its your car no doubt about that.

Do you have a spare key?

If you do, go and get the car or have a friend to go and get it when she dont know about it. After that and I think negotiation will be much easier. Tell her that finance is still in her name but you wont pay a dime more on it and that you are not giving back the car to the finance company and that she will have to deal with it on her payroll. No car and money deducted from her salery, I dont think that is something she would see as fine. You are married to her so dont worry , you are not stealing the car

I am very tired of farangs that are just saying , let the car go, let her go, this or that go. No its wrong. If that is the standard set and for sure its creating problems for every foreigner. Every action need to have consequences. Dont let her see that you will let go of things without a fight but claim what is rightfully yours. The opposite is just filling and fueling her greed and wrong morals.

Just go and get it back.

As it is a kid involved here some caution is advised. but still go and get the car back. You know where your kid is and can go and see it. If she is refusing , just get a court decission that you have the right to do so.

Edited September 25, 2010 by Thunderbird4ever

[thequick7]

Affecting credit rating is a strange wording to use here in Thailand, there is no overall rating agency etc here.

Then how do they check if you have already defaulted on a previous loan?

[katabeachbum]

Affecting credit rating is a strange wording to use here in Thailand, there is no overall rating agency etc here.

Then how do they check if you have already defaulted on a previous loan?

there is a credit history system, actually every loan/credit you apply for is registered, granted or denied. and of course defaults. when you apply, you must sign a form allowing them to check your credit

a report on all your credits is mailed you once a year. If you want to finance a car, providing these reports simplifies the process for lender. its not very easy to find farang in the credit history systems, since they file us on passportnumber, which gets replaced now and then

[MoonRiverOasis]

I would see how much it takes to agree on a divorce in Amphur to avoid court, and then see if there is any amount she would accept to transfer the car-loan to you.

Agreed. You are somewhat protected by the fact you are married. Divorce in Thailand takes a mutual agreement on asset division as Kata noted, or a court case if an agreement cannot be made. If both parties agree to get divorced but do not agree on asset split, the court case to finalize can be fast-tracked. If one party does not agree to the divorce however, it can take 2+ years for the process. If the OP keeps evidence of her adultery, the court case will almost certainly bias in his favor. The legal system does in fact work here.

As for the loan, if the OP is a signed guarantor (this is often not the case in these types of loans), then he has a legal responsibility to keep the payments up, or lose the car and his credit rating. If you didn't actually sign any contracts for the finance personally, and you file for divorce immediately, you may be able to avoid the financial responsibility for the repayments. Talk to a divorce lawyer.

And just to confirm, Thailand has two credit rating companies.

[tommet]

Look at the bright side - it was a Proton Persona!

[changnaam]

I know you have posted this in the motoring section but should you not look at your priorities and post in a different forum with a different title

"lost my daughter already"

I know what I would be more concerned about, and sorry if I have missed another thread do not have time to look at everything just was pretty shocked to read 2 pages about the sad loss of your car to then find out she has taken your daughter away from you already

[james24]

This is why Im leaving, these stupid women really are horrible, normally the families are not much better. Taking your daughter out of school... do they really only care about themselves, can you see many western women doing that, I bloody cant

Edited September 27, 2010 by james24

[zaza]

Ditto for the previous post, by Changnaam.

Actually; after reading the first OP, I wanted to congratulate him for getting rid of the Proton Persona, and the African-rider he had as a wife. Both , the car and the wife are not that "worthy" and easily replaceable ; but what worries me most ; is this poster's priorities in life: it seems his "daughter" does not represent a big concern, or importance ; to him as long as she is not hooked up with Cameroonian, Nigerian, Congolese , or any other men who have big gear shafts

I think , I am still on topic, I am only talking about gears.

[Lumumba]

Not all black dudes have big gear shafts, but I assume to squeeze their bum tighter when they push forward.

That cleared up, if the OP is interested, I can advice you on what to do only in PM.

Like we could borrow some money with the car from a friend who is not nice in so many ways.

Seriously, selling the car would be at a loss as such cars are better sold off after all the payments are made.

One secret in life is never show fear to people you know. She is sensing your fears, thats why she has been misbehaving. You can start by harassing her best friends or just bother them with calls at odd hours while making very sensible discussions.

They might start avoiding her.