Refusing to give back my car!

monzaltod

Hi, i am looking or some help really. My boyfriend and i split in Feb 09, however in the January he tried to buy a new car but was declined on finance. YES! i did, i took the car in my name and he was using it. The log book and finace agreement is in my name and i have them along with the DD for the car being taken from my account. He had payed some payments via paying cash in to my account and also missed some, and i have payed them as i do not want this to affect my credit with late payments.

I know i was very silly in the first place and have 100% lernt my lesson.

I now would like the car back so i can sell, return to the finance company etc.

However he is refusing point blank to return the car.

I have sent a letter befor action and he is now a little more willing to give the car back but is asking me to pay him the deposit of £500 which he paid for the car. I dont feel i should as this would make up some of the missed payments and general wear and tear on the car.

I am willing to forget about the missed payment for him to return the car.

What is my next step is any one out there who can help me or give me any advise?

I am now sick and tired of the whole situation

kiddy_guy

Declare it stolen and advise the police you might have an idea who's taken it?

jd87

Who is actually the registered keeper of the car? Telling the police it is stolen would be a bit tricky if the DVLA have him down as the registered keeper.

MrsTinks

jd87 wrote: »

Who is actually the registered keeper of the car? Telling the police it is stolen would be a bit tricky if the DVLA have him down as the registered keeper.

monzaltod wrote: »

The log book and finace agreement is in my name and i have them along with the DD for the car being taken from my account.

Think the answer is in the first post



OP if the logbook and finance agreement are both in your name then the car is yours - end of argument. I'd politely tell him that unless he returns it NOW you will report it as taken without your consent and he will be arrested by the police and get a record - surely he doesn't want that?? :rolleyes:
Of course the question then is - would he be vindictive enough to damage it before returning it?
My personal favourite is to get a spare key - if you don't have one then you can order one from the dealer or manufacturer - as you have the log book and are the named person on it then this shouldn't be a big problem. Then just go and pick up the car (making sure you're insured obviously) when he's at work or out for the night. Park it somewhere he can't get to it like a locked garage or similar - even a friends place that he doesn't know about - whilst you sort out getting his keys off him.
Must be nice having a car you don't have to pay for... think it's about time you get serious about ending his free ride...

As for the £500 - If you sell the car and there is a profit then by all means return what is left of the £500 minus his missed payments and minus any costs for keys and/or valeting costs to sell it I think that's reasonable (oh and any cost of advertising it to sell too ofcourse...)

Floss

MrsTine wrote: »

As for the £500 - If you sell the car and there is a profit then by all means return what is left of the £500 minus his missed payments and minus any costs for keys and/or valeting costs to sell it I think that's reasonable (oh and any cost of advertising it to sell too ofcourse...)

Plus storage and costs of removal from wherever he has parked it back to your safe place

amandada

jd87 wrote: »

Who is actually the registered keeper of the car? Telling the police it is stolen would be a bit tricky if the DVLA have him down as the registered keeper.

The keeper isn't necessarily the owner....and as finance etc is in the OP's name, this is what counts in proving ownership. If he has a "true" key for the car and he has it with her permission, refusing to return it doesn't make it stolen. I'm pretty sure it remains a civil matter

DigitalJedi

You can't declare it stolen since frankly it wasn't. He took the vehicle with your consent and thats the main thing. Now he won't return it and that is a civil matter.

As others have said you are the registered keeper and the legal owner. The fact he has paid something towards it is an unfortunate complication but doesn't change the facts.

The simplest course of action is to just remove the car. You have every right to do that. If you can't somehow get a replacement/spare key, just call the AA/RAC tell them you've lost your key. A new car is usually covered for the warranty period. Take along your log book just in case and have them either break in or tow it to a garage.

It would be wise as MrsTine suggests to park it somewhere he can't just come and "steal" it back although this time it probably would be classed as "Taking a vehicle without consent".

blackcoffee

I think I would just notify the police that it is stolen, but you believe it to be with your ex, I wouldnt tell him before hand, he might trash it ?

tuggy

Absolutely, it is stolen. You own it, its all in your name etc etc. He has stolen it. Call the police and say it has been stolen and you know it was him that took it. Should be a simple case and very satisfying when he is cautioned by the police!

foxy-roxy

MrsTine wrote: »

Think the answer is in the first post



OP if the logbook and finance agreement are both in your name then the car is yours - end of argument. I'd politely tell him that unless he returns it NOW you will report it as taken without your consent and he will be arrested by the police and get a record - surely he doesn't want that?? :rolleyes:
Of course the question then is - would he be vindictive enough to damage it before returning it?
My personal favourite is to get a spare key - if you don't have one then you can order one from the dealer or manufacturer - as you have the log book and are the named person on it then this shouldn't be a big problem. Then just go and pick up the car (making sure you're insured obviously) when he's at work or out for the night. Park it somewhere he can't get to it like a locked garage or similar - even a friends place that he doesn't know about - whilst you sort out getting his keys off him.
Must be nice having a car you don't have to pay for... think it's about time you get serious about ending his free ride...

As for the £500 - If you sell the car and there is a profit then by all means return what is left of the £500 minus his missed payments and minus any costs for keys and/or valeting costs to sell it I think that's reasonable (oh and any cost of advertising it to sell too ofcourse...)

Here Here!! Excellent advice. :T

Katie-Kat-Kins

The log book may be in her name but does she have the log book in her possession? More difficult if she doesn't, but I'd be inclined to steal it back. If you want to inform the police be honest, don't waste their time, don't report it has stolen, tell them that your ex has it without your consent.