Loan by verbal agreement.

uglysnoop

I am paying back a loan from my newly separated ex. i.e. Weds 28/7/10. This involved the police.
The money was to purchase a car, as my car had been written off in April (not my fault) and was approx one third of the cost of the car, I did not ask for the money it was offered as my ex. wanted me to get a specific car(I wanted to buy the same model as my previous car).
The agreement (verbal only) was to pay back the money monthly at £100, which I have done, also in May I paid back £200 as I had received some money I was not expecting.
During the incident when the police were called my ex. took my car keys from my hands.
The police tried in vain to get the keys back as he convinced them that he had a vested interest in the car(this left me with no keys).
My worry was that he would return and take the vehicle as he was trying to cause maximum disruption, without my car I cannot do my job.
Consequently I had to ask a neighour to block my drive with his car.
In the following days I had to organise an emergency injunction (£60 court fees, £88 process server fees) and get the key blocked (£68) so that he could not use it (also ordered new key £219)
I have since contacted his sister by text message to ask if she can forward his bank details so that I can set up a standing order to pay back the remaining money £ 1,800.
He has refused to do this and now says that he would like to continue as before with me paying by cheque.
This is despite asking his sister to contact me to say he wants the money asap because he feels I won't continue pay over a long period of time.
The emergency injunction was served on 31st July, but there is to be a second hearing which he has been instructed to attend, as the injunction was originally issued without notice. can anyone tell me if I should apply to the court to instruct him to supply his bank account details so that i can set up the S.O.
I was at the court all day Thursday, totally out of my comfort zone but was accompanied at that time by a Mckenzie friend (advocate) he was actually a non-qualified professional i.e. a law student. otherwise I would have been completely 'freaked'.
He is not able to attend the next hearing so would be grateful for any advice on this and if there is anything further I need to do prior to the court appearance.
Regards
Moi

Dabooka

Who is showing up as the Registered OWNER on the V5 document?

Fiddlestick

Dabooka wrote: »

Who is showing up as the Registered OWNER on the V5 document?

Irrelevant.

The V5 shows the registered KEEPER, not the registered OWNER.

These are two quite distinct things in law.

It is perfectly possible to have your name on the V5 yet not be the legal owner. Take an HP agreement - your name may be on the V5 yet the HP conpany has title and legal ownership of the vehicle.

RAS

You might find this thread informatiive (long) https://forums.moneysavingexpert.com/discussion/1473477

Dabooka

Fiddlestick wrote: »

Irrelevant.

The V5 shows the registered KEEPER, not the registered OWNER.

These are two quite distinct things in law.

It is perfectly possible to have your name on the V5 yet not be the legal owner. Take an HP agreement - your name may be on the V5 yet the HP conpany has title and legal ownership of the vehicle.

My mistake, I thought it was on the "new" V5c (don't have one to hand, but when the missus got her new company car the document I briefly saw stated her as keeper, the company as owner and I assumed it must be the V5c; my mistake I guess!).

However the question is not irrelevant at all, the answer about who is the registered OWNER is still important. Don't you think?

Fiddlestick

Dabooka wrote: »

However the question is not irrelevant at all, the answer about who is the registered OWNER is still important. Don't you think?

It's an important question, but there is no "registered" owner as this isn't registered anywhere - not by the DVLA and not on the V5.

uglysnoop

Hi Dabooka,
Thanks for your response. It is my name on everything but that isn't really the question, the vehicle belongs to me, I am intending to pay my ex every penny because that is what we agreed. his reluctance to give me his bank details so that I continue to pay my cheque is I think, due to the fact he wants to maintain some contact even distantly. I am keen to pay by standing order.
Regards
moi

Dabooka

Sorry about the confusion with ownership doubts, it was in response to the car possibly being removed by him. Knowing you're the legal owner is important if he does try to reclaim it and the police are called again.

In relation to the loan, I'm not sure what the problem is; you currently pay by cheque (which you don't need bank details for) so keep that up but post it to him or c/o at his sisters. If he doesn't cash it, keep the money available just in case he tries to put two or three in together and make you overdrawn or have them returned as unpaid (just to pi$$ you off). Do you have another account you can use for this? I have my unused student account and cheque book which would be ideal as the cash would just sit there.

Until things settle down it sounds like he doesn't want to give you anything that might make your life easier. Just make the money available to him and let him decide if hew wants to cash it.

I certainly can't see how you could "force" him to acept one method of payment over the other. Failing that, anyway you could get the whole amount and just pay him off?

uglysnoop

Thanks but clearly if i had the cash in the first place I wouldn't have borrowed the money. I am not in debt (apart from mortgage and the previous car loan,the one that was written off, I do not have credit cards and live pretty much within my means)
A friend of mine has 'just' this afternoon offered to lend me the money and take payment on the same agreement of £100 a month, so I am seriously considering this as I would be able to see what happens on the 10th August, and then if he (for example) has a solicitor and brings up the money I could just present the cheque (from my friend).
Regards
moi

frenchmaiden

Hi sorry if i ve missed the plot because I have quickly scanned the messages however my advice is whichever way you pay it off make sure you get something in writing - soz not teaching grandmother to suck eggs however I am in a pickly with borrowing money from a so called best friend of 25 years and he is trying to make me br! so you must make sure that you get everything signed and in writing. You need proof that you have paid him and in full good luck

uglysnoop

Thanks the fact that i have paid by cheque up to now means that i have proof that he has cashed them, this would also apply if i could get him to agree to allow me to pay by standing order, which would be preferable. he asked his sister to tell me that he wanted the money asap and that he felt i wouldn't continue to pay overa protracted length of time because he wished to discredit me in his familiy's eyes. However when I offered to set up standing order he declined ????which really proves to me that he knows full well I will honour our verbal agreement because he knows I am a person who honours my word. I am worried that he sees me handling and posting a cheque every month as 'contact' as posted earlier albeit distant.
Regards
moi