Reclaiming my car via small claims, worth it?

vaio

RobertoMoir wrote: »

The fact is that you're the current owner and its been taken from you wrongly. If he wishes to dispute the ownership of the vehicle, well the question of any legal dispute over ownership IS a civil matter. But these are two separate issues.

Which is exactly what the police are saying, there is a (civil) dispute about ownership so not enough evidence to do anything about the (criminal) theft allegation.

What happens if the police get the car back for the OP and it is later decided that the BF is actually the owner? And the OP has sold it and spent the money?

Debt_Free_Chick

BeenieCat wrote: »

DFC, i do see your point, but i dispute owing him any money!

I think the fuzzy line is where he originally "loaned" me £700 for a Ford. Then at some stage declared to me that he didn't want paying back, so after £240 i stopped paying him.

Then i sold the Ford (5 months later), for £400, and bought Citroen for £300. While we were separated.

We then (4 months later) got back together, i got him as a named driver, now he's got rights to my car - according to police.

Most interesting part is that the police say this regardless of this disputed loan/gift. They're saying it's a civil matter, no matter what.

Your difficulty is having enough proof to win in the small claims court.

Unless you have a good case of winning in court, you are better off resolving this privately - although I can see that would appear to be difficult.

ffacoffipawb

BeenieCat wrote: »

i got him as a named driver, now he's got rights to my car - according to police.

Presumably "named" for insurance. Ask the insurance company to remove him from the policy, then tell the police he is driving without insurance.

Revenge is sweet.

RobertoMoir

vaio wrote: »

Which is exactly what the police are saying, there is a (civil) dispute about ownership so not enough evidence to do anything about the (criminal) theft allegation.

I don't see where the OP reported that the police said that. I can see how you might read between the lines and end up with that conclusion but that doesn't make it right.

vaio wrote: »

What happens if the police get the car back for the OP and it is later decided that the BF is actually the owner?

Well I'd say that while we only hear one side of the story (as is always the case with people posting for help here), taking what we read on face value I'd say the balance of probabilities is that the OP is the most likely owner, rather than her ex partner. Even if you read the OP's posts here in the least favourable light, there's still no way you can tip the balance over to her ex being the definate owner, and if she has the V5 and her name is on it, and the previous owner says they sold it to the OP then I'd say that's proof that she has at least some sort of claim to it.

As I said before, regardless of the rights and wrongs of the ownership, at the very least, the police who attended and told her to let him "borrow" it have acted shockingly badly because this did nothing at all to resolve the dispute.

vaio wrote: »

And the OP has sold it and spent the money?

And if the ex sells it tomorrow and it turns out to be the OP's car all along? That cuts both way, so I'm not sure how that moves things forwards.

BeenieCat

I wonder if the fact he paid a car dealer directly for the Ford via his credit card makes any difference at all? Since then doesn't that prove that the money is unrelated to the Citroen?

hmmm

BeenieCat

ffacoffipawb wrote: »

Presumably "named" for insurance. Ask the insurance company to remove him from the policy, then tell the police he is driving without insurance.

Revenge is sweet.

Lol, with my concerns about him running the car ragged I do plan to do this. However i think (after calming down slightly) that I will give him a reasonable time to return the car to me (5-7 days?) before doing anything like this?

Also, out of interest - since he's older than me, quotes with him were cheaper than without - does this mean they'll add to my policy for removing him?

I haven't told him that i've calmed down or that he's got any length of time with the car - i told him i want it NOW. We've been texting and he is now saying i'll get the car back soon, so he's making it hard for me to want to apply to small claims and stuff. I won't let that put me off though.. Just fed up and wish he would be reasonable - he took the Wii and the car, the two only things which remotely affect my 6 year old's school holidays. :mad::mad:

BeenieCat

RobertoMoir wrote: »

And if the ex sells it tomorrow and it turns out to be the OP's car all along? That cuts both way, so I'm not sure how that moves things forwards.

I don't think he'd do this, he's out in the sticks so needs the car to get to the nearest paper shop! However this doesn't make me feel any less bitter about him having my car. We'd still be together if he wasn't a bad tempered, thoughtless compulsive liar, so I don't feel up to making sacrifices for him!

To add to my bitterness, i spent £2.60 on buses today :eek: I didn't go that far!

I've got the v5 and MOT paperwork so he couldn't sell it legally anyway?

sarahg1969

Does he know the details of the insurers? If not, you could tell him you are going to remove him from the insurance at a particular time and date, and he'd better bring the car back before then.

BeenieCat

I doubt he knows, i always sorted that stuff out. But even if he does he's unlikely to ring them, he avoids phoning companies of any sort

Will keep on at him, just hope he doesn't come and take my bed and tv too :rolleyes: