if i got keys cut?

daddygee123

6 months ago me and my partner split and she took the car with her.She left all the documents at the home im in at the moment.I paid for the car and took out a five year loan back 2007.She signed the receipt for the car and the V5 etc.I paid for the tax on the same day the car was bought.The car was certainly not a present,I didnt really want to get the loan as money was tight and we both agreed she to pay it back each month by direct debit until the car loan was paid.She stopped paying the direct debits when she left.Back in 2008 she did sign the v5 document back over to me so i could insure it properly but she never sent the form off to the dvla(much to my dismay).I found the form at home after she left and sent it off myself and received a v5 last year with all the correct details on it.She still wouldnt return the keys and she reapplied for a v5 and got one .I complained to the dvla as they rang me asking me about the situation and i said "i dont want either of us to drive it until the problem is resolved"-but they gave her a v5 anyway.Can i get the car back somehow as i think i am the owner as i paid for it!! I know she has paid some of the loan off as well!! The car is depreciating in value daily and i think to be fair should be sold and the percentages of the loan paid-split in the sale of the car,Thats as fair as i can get, but what is unfair that she now is driving a car around she only paid if not half for and at a very good interest rate. The main question is - could i get keys cut for this car and take it back? Sorry this is a very long post! but its all explained the best i can.

j4g3d

What is the car?

All modern cars have a chip in the key itself and needs to be programmed to actually be able to start the car. So unless it is a old car you have no chance of getting a key cut and driving it away. Depends what car it is tho.........

Oh and the only way she can get the v5 in her name is if she applies for it and dvla send you an agreement and you accept.

vaio

j4g3d wrote: »

.......Oh and the only way she can get the v5 in her name is if she applies for it and dvla send you an agreement and you accept.

Think it's passive "don't object" rather than active "accept"

gilbert_and_sullivan

I don't know the legalities but i'd say you're on a loser here all the way.

Meself i'd just contact the finance company and explain that you no longer have possession of the car and stop the payments.
They'll then take the car back, assuming it was HP and not a personal loan...you may have to pay some sort of fee but it might be more palatable knowing your ex isn't riding round in a car you are still paying for.

If it was a personal loan then i think you need specific legal advice as you be liable till all monies are paid.

Good luck with your new life.

daddygee123

because there was a dispute over ownership dvla did not want to help or prevent her being issued a v5.so basically if your a cheuffer and you decide to take your bosses rolls royce knowing he has no receipt of paying for the car and you have the only set of keys for the car you can keep it as long as you tax and insure it?? it doesnt make sense to me.. when the dvla explained this was a civil matter they suggested to call the police to say it had been stolen-so i did,the police visited her and she told the police it was a civil matter,and the police didnt want to know either!! so we both have v5 documents for it.I really cant understand it honestly ,i havnt signed to the v5 document of mine over to her so there was no sale. btw its a seat and i know it doesnt need a special security key as the spare was just a bog standard key. so who owns it? can i take it back?.im still paying for a car i dont drive anymore!!

daddygee123

gilbert_and_sullivan wrote: »

I don't know the legalities but i'd say you're on a loser here all the way.

Meself i'd just contact the finance company and explain that you no longer have possession of the car and stop the payments.
They'll then take the car back, assuming it was HP and not a personal loan...you may have to pay some sort of fee but it might be more palatable knowing your ex isn't riding round in a car you are still paying for.

If it was a personal loan then i think you need specific legal advice as you be liable till all monies are paid.

Good luck with your new life.

Its a secured loan on my property.:(

gilbert_and_sullivan

daddygee123 wrote: »

Its a secured loan on my property.:(

Solicitor if no legal beagle here can advise.

standupguy

You say she signed for receipt of the car?

As you took out a loan, if you are named on the original Invoice as purchaser of the vehicle then you are the legal owner and it would be in your best interests to get a recovery agent to repossess your car for you.

If her name is stated as the purchaser on the invoice then she would be regarded as the legal owner and it may be wise to put the matter down to experience as costs to pursue the matter could outweigh any eventual outcome.

Dig out the original invoice and if you can't find it go to the dealer and ask for a duplicate copy.

spark_deals

There is a saying :-
You know nothing about the bit- ch till you see her in the court. Never ever give your rights away........ even if this means a break-up or break-down!!!!!!!!!

d77_2

I would say that if she signed the car over to you and you have a new V5, then at that point you became the legal owner of the car. If she then applied for a V5 without you signing over the car then I would take that as theft as she does not have the right to get the new V5?

If I buy a car and a week after I get the V5 the previous owner tried to reclaim the V5, they would be in the wrong, so I don't see how this is any different.

With Seat, I'm pretty sure there will be an immobiliser transponder in the key fob. That doesn't stop you from using a tow truck

cale1

Having the V5 in your name does not make you the legal owner, it just means you are the registered keeper. If you have the car in your possession and are using it then the DVLA will issue you with a V5 if you apply for one.