Reclaiming my car via small claims, worth it?

BeenieCat

Currently in a messy breakup at the moment, and my ex has taken my car.

It's just an old banger worth £300 but i doubt i'd get another as trusty so cheap as i bought it from a friend of a friend.

Anyway, i did call police to ask what my rights are as the registered keeper as i didn't want him to take it. Basically ex is saying he paid for the car so they won't get involved and say it's a civil matter and to see a solicitor. This was before he had actually left with it, so they said if it's the only way he will leave you alone let him borrow it.

So i let him borrow the car, and he's not responding to my messages asking when it will be returned so i think he's going to be awkward and not bring it back.

He lent me some money last year when we lived apart, for another car, £700. That car then broke, i split up with OH temporarily, sold it for £400, paid OH £240, and bought current car for £300 from friend. So 3 months after me buying this car, we got back together, i got him on my insurance.

I've told him i'll be taking him through the small claims court, but i think he'll just wreck the car so it's no good to me anyway. I think the money he lent me is an entirely separate matter and he cannot take my car for other debts?

Any thoughts? Waste of time?

So angry he could just take my car and police will do nothing Especially in school hols when i want to be out and about.

vaio

BeenieCat wrote: »

………He lent me some money last year when we lived apart, for another car, £700. That car then broke, i split up with OH temporarily, sold it for £400, paid OH £240, and bought current car for £300 from friend. So 3 months after me buying this car, we got back together, i got him on my insurance.

I've told him i'll be taking him through the small claims court, but i think he'll just wreck the car so it's no good to me anyway. I think the money he lent me is an entirely separate matter and he cannot take my car for other debts?

Any thoughts? Waste of time?

So angry he could just take my car and police will do nothing :(Especially in school hols when i want to be out and about.

and he no doubt thinks the money he lent for the car in not at all separate and until he gets it back he’ll hang on to the car. Pay him the money you owe and collect the car when you drop the money off.

Think you are right about the small claims, as you say, a waste of time

BeenieCat

I should mention, that he verbally told me (before i sold the £700 car) that he didn't want anymore money paying back, but obviously have no proof of this.

He's been living in my house for 7 months bill free so i'm sure i've more than paid him back :rolleyes:.

It seems so unfair that he can essentially steal my car because he says i owe him money, and there's nothing i can do about it? If that was the case then wouldn't people just do this to other people all the time? He's not a bailiff, so how is it that he's allowed to steal my belongings for money he claims i owe.

I dispute owing him a penny, so i have no intention of giving him anything. He paid for car 1 on a credit card that he's never even paid off. I bought car 2 when we were seperated, now he walks back into my life and takes it off me? Grrr!

RobertoMoir

Report the car stolen. Don't get into a big debate about this loan with the police, simply say car stolen by xyz, deal with it please.

hewhoisnotintheknow

tell him you are going to report it stolen, or go and get it your self and hide it

Pew_Pew_Pew_Lasers!

The police don't really enjoy having their time wasted. The car has not been stolen.

Either go and get it, or just put it behind you. £300, christ I'd be glad to pay that much to see the back of some of the idiots I've met over the years.

RobertoMoir

Pew_Pew_Pew_Lasers! wrote: »

The police don't really enjoy having their time wasted. The car has not been stolen.

Actually, as you're being picky, I think you'll find it meets their definition.

BeenieCat

Pew_Pew_Pew_Lasers! wrote: »

The police don't really enjoy having their time wasted. The car has not been stolen.

Either go and get it, or just put it behind you. £300, christ I'd be glad to pay that much to see the back of some of the idiots I've met over the years.

I can't go and get it, as i have no key to start it with?!

I wish i could say goodbye to £300 but the car was only that cheap as it was from a friend of friend, and i'd never have the money to replace it, as i'm jobless and pregnant at the moment!

So for something to be classed as stolen, does it need to be taken by a stranger, windows smashed and hotwired?

goldspanners

BeenieCat wrote: »

So for something to be classed as stolen, does it need to be taken by a stranger, windows smashed and hotwired?

nope it just has to be taken without the owners consent. the real owner, not jus the name on the v5.

RobertoMoir

and TWOC includes taking via deception. Which is what happens when someone "borrows" something they have no intention of returning. I'm actually a little shocked, reading the thread again there's an implication that the police actually advised you to let him borrow it.

Putting aside the question of which one out of you and your ex is "in the right" for the moment, how did they possibly think that advice would actually solve matters. Sometimes I wonder at some of our public servants (except me, I'm perfect ;-) ) I really do.

BeenieCat

I'm not sure to be honest, but he'd been violent towards me and as he lives 120 miles away he had refused to leave the house (my tenancy) unless he could take the car.

They said if i wanted him gone then i should let him take it, to "keep the peace" :rolleyes: Actually i'm so angry i "let" him take it, i really didn't want him to have the keys in the first place but he was forceful in taking them from me.

I did ask police if i agreed to let him borrow it, then could i ring them when he doesn't bring it back, based on their advice? They said not really since he's saying he paid for it, and we can't prove otherwise.

Surely he should have to prove he paid for it, and in the meantime i should be allowed my car, until he can prove he owns it?