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Legal advice sought
Hi
Situation to date is, my ex and i split up, car and finanace in my name. I stupidly said he could take car down south as he was moving back there and needed a way to get all his stuff down. The deal was that he pay off the finance then sell the car and give me some of the profit.
2 months later and he is refusing to sell the car or give it back.
I have today checked with the DVLA and car still in my name, finance still not paid off (he has paid the payments to it though).
My question is, what is the quickest way for me to get the car back so i can sell it and pay off the debt?
Would i have to go to court (how long would that take?) or could i report it stolen?
Is it possible he could sell the car privately and i would be left with the finance payment? (which i could not afford)
I am grateful for any advice
Situation to date is, my ex and i split up, car and finanace in my name. I stupidly said he could take car down south as he was moving back there and needed a way to get all his stuff down. The deal was that he pay off the finance then sell the car and give me some of the profit.
2 months later and he is refusing to sell the car or give it back.
I have today checked with the DVLA and car still in my name, finance still not paid off (he has paid the payments to it though).
My question is, what is the quickest way for me to get the car back so i can sell it and pay off the debt?
Would i have to go to court (how long would that take?) or could i report it stolen?
Is it possible he could sell the car privately and i would be left with the finance payment? (which i could not afford)
I am grateful for any advice
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Comments
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If you can't come to some amicable agreement over the financial arrangements of your break up, you'll need to go to court to settle any claim."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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first do you have a spare key,if so go down and take the car back,
you cannot report it stolen as you gave him permission to take it,is he insured?
yes he could sell it but not easyI
MOJACAR0 -
The finance is in my name so no agreement is needed for that. Is going to court the only way to get my car back?0
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Unfortunatly i don't have a spare key.
I gave him permission to take it to sell but as he has not done that and i have asked for it back, can i not report it stolen on those grounds?
He is insured and changed insurance company to him as named driver only.
Its all a bit of a mess :-(0 -
The finance is in my name so no agreement is needed for that. Is going to court the only way to get my car back?
If the finance is attached to the vehicle, the vehicle cannot be sold by anyone without the lender's agreement.
That usually involves the buyer paying the lender directly."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Report it stolen! But how did you plan to make profit from selling the car?0
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Unfortunatly i don't have a spare key.
I gave him permission to take it to sell but as he has not done that and i have asked for it back, can i not report it stolen on those grounds?
He is insured and changed insurance company to him as named driver only.
Its all a bit of a mess :-(
I don't think so, because you gave him permission in the first place. To steal something you have to take it in the first place (without permission), if you already have it you can't steal it. It becomes a civil matter not a criminal one.
Perhaps the car dealership could help you to get a new key cut?0 -
To steal something you have to take it in the first place (without permission), if you already have it you can't steal it.
Not strictly true Wig.
To steal something (you have to dishonestly appropriate something belonging to another with the intent to permanently deprive them of it).
True the OP gave her ex the car. He was given the car to move his stuff, sell it then pay off the finance. Then give the OP some of the outstanding profit. (Sorry OP there won’t be any profit)
Given the fact the ex has now insured the car under his name only, could show that he has assumed ownership of the car and therefore has not intention to sell it.
Why do this if he was a named driver on the OP’s policy and it had a number of months left to run? OP can you answer this?
He at some point has gone back on the original agreement, similar to not returning a hire car after the hire agreement expires (Wig you already have that and have not stolen it, the hire company gave it to you). In those circumstances hire cars are reported stolen.
The crux of the matter is would a court think the ex has acted dishonestly?
Remember then number of conmen who have persuaded ladies to willing hand over their worldly possessions and have been convicted.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Hi chippy
There was 6 months left to run on the car insurance.
Car is worth £9000 and the finance on it is only £3500 so there is money in it.
We were together for 9 years and it was quite amicable when he left but age old story, he started seeing someone else 2 weeks after leaving and everything (including him) changes.0 -
You have some good points but in this case there is no contract except verbal, and the parties are or were in a domestic relationship, "he said/she said" territory, it's not going to be easy. The insurance in his own name, whilst another policy is in force is a good point but again "he said/she said" will come into effect.
I wonder if his insurer has been told he is not the Registered Keeper?0
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