Do I own my car?

CatherineWaller

My boyfriend bought me a car two years ago which I insured in my name (his name is on the DVLA doc). I've been paying him back for the car for two years and have nearly paid off the money. Unfortunately we've now split up and he wants the car back. I don't have a loan agreement and he didn't buy it on finance. I can prove I've been paying money each month but he's saying that this was my contribution to the household bills not for the car.

Am I entitled to the car? What should I do to prevent him from reporting it stolen etc.?

Thanks

C.

Hintza

OH dear!

Technically the car is his, however if you have made payments to him to pay for it then a court might award you the car. His argument on household bills might also be a factor. But if he has nothing in writing he might struggle on this point.

You need to talk to him about this or just hand the car over unless you are willing to take this to court.

This will come down to he said she said unless there is anything in writing.

Did you contribute to the household? If your honest answer is no or not a lot then it might be better giving up now (what do you think is fair?). Remember you have a bid axe to grind at the moment so think long and hard about it.

MSE might not be the best place and some more specilaised legal forums might be better set to help.

Interestingly I have a friend who bought a house in his partners name and made a lot of the payments and she booted him out. His first lawyer's letter to her was £400 or so. Last I heard he was considering whether it was worth chasing as the lawyers were divided on his chance of success. The point is it could get expensive.

vikingaero

Tricky one.

If you apply for a log book (V5C) in your name then he may be sent a letter informing him that he has 14 days to object.

If he reports it stolen then that creates problems for you. However the Registered Keeper on the log book is not necessarily the legal owner. If I were in you situation I would carry proof that you insure the vehicle (insurance cert) and carry copies of say bank statements showing payments made to him. If you can do this then all you can hope for is that the officer decides it's a civil matter rather than seizing the vehicle.

Is there no way you can come to an agreement with him. Say to him that he can have the car back if he pays back the money you have paid him? Or pay him the rest owed and hope he won't take it any further.

moonrakerz

I assume that he paid for the car originally; if you have nothing in writing to show that you subsequently paid him specifically for the car there isn't a great deal you can do.
You could take legal action, but not much chance of winning and of course this would be expensive.

It is worth noting the the DVLA Registration Certificate identifies the "Registered Keeper" - NOT the owner of the vehicle.

Keith

Boyfriend bought you a car via a loan.

Legal title belongs to you, the loan isn't secured against the car.

Lemonade_Pockets

I think legally the car is probably yours.

For civil cases the decision is based on the balance of probablities. In essence who the Judge believes.

I would get onto Citizens advice or a solictor to get a more proffessional opinion. I've no doubt there will have been some case law on circumstance such as this which will determine your legal position.

In summary get some proper advice. If you go to a solicitor and they think you have a case a strongly worded letter from them might convince your ex to hand the car over without it going to court.



Good luck

moonrakerz

Lemonade_Pockets wrote: »

I think legally the car is probably yours.

Keith wrote: »

Legal title belongs to you, the loan isn't secured against the car.

The last person who can prove they bought the car was the boyfriend. The fact that the vehicle is registered in his name (in this case) would support that. It is the lady's word against his after that - if she has no paperwork to show she subsequently bought it off him I am afraid she hasn't got much of a case !
The fact that she insured it just showed that she used it - or he couldn't/didn't want to pay to insure it at that time

Lemonade_Pockets

You don't actually have to prove anything for a civil claim. Don't get me wrong it helps if you can but it is not a fundamental rquirement as in a criminal case.

I'm no legal expert but i imagine if she could prove she lived at with her boyfriend before the purchase of the car and either didnt pay contributions towards the bills or paid "in kind". Then it would be probable that the payments that conincendtley started at the same time as the purchase of the car where indeed to pay her boyf back. Also the fact that she was the sole insurer and i assume driver of the car i would suggest there is a very good chance it would go her way.

However we are all speculating since is suspect non of us has any formal training i suggest the OP seeks some proper advice. If its reported stolen the police will recover it first and ask quesitons later.

CatherineWaller

Thank you for your responses. I do pay some of the other bills including the electric and council tax. However my boyfriend pays the rent, phone, food, insurance, broadband, water, and sky. He's saying that the money I pay (which I think is for the car) plus those two bills is my contribution to the bills. This money works out to be about half the household bills. I'm also keeping the house which is in my name on the lease which is what I think is the driver behind this.

I'm trying the CAB but if anyone can recommend any legal forums then that would be useful.

Thanks

C.

jeannieblue

Well at least you get the house and he only gets a car. Not bad really.

Next time, make sure that what you own is in your name, or it gets messy and very expensive.

Pew_Pew_Pew_Lasers!

Er hang on, so you pay an amount roughly equal to half the household bills, then you both split up, and now you want to keep the right to live in the house, and the car?

God help the man that marries you.