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Car ownership proof dilemma
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Would she be prepared to state in court that she bought the car and was the legal owner? I doubt it. Does the dad have a receipt for purchasing the car? Possibly.
Be serious, would you give your daughter a signed receipt if you bought a car for her?
Of course you wouldn't, it was a gift, so why would she lie and say she had bought it, anyone would expect the father to have a receipt as he paid for it. Just because he's stolen it back now doesn't transfer ownership back.
It's pink, so if I was the jury I know who I would be saying who the owner was.0 -
I quote from a current DLVA leaflet:
What is the V5C?
[FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]The V5C is a vehicle Registration Certificate. It:[/FONT]
[/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]n [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]shows the vehicle’s registered keeper [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman](this is the person or company who keeps the vehicle, not necessarily the legal owner)[/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]; [/FONT]
[/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]n [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]gives the keeper’s name and address, the vehicle’s registration number and other information about the vehicle; and[/FONT]
[/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]n [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]is issued each time we update our records after details have changed. [/FONT]
[/FONT]
Buying a used vehicle
n [FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]You should not buy a vehicle without a V5C[/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]. If the vehicle is not registered in the name of the seller, or the seller does not have a V5C, ask why.[/FONT]
[/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]n [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]Before you buy a vehicle, check that the seller is entitled to sell it. If you are not sure, you should not buy it. [/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]Remember, the V5C is not proof of ownership[/FONT][/FONT][FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman].[/FONT]
[/FONT]
As you can see they clearly state at least twice that the V5C is not proof of ownership. Note the text is bold is in bold in the leaflet, I have not made it bold to highlight the relevant section.
So? Where is the evidence that it is the father's car?
Ownership would have to be decided by a court. And the facts are:
it was given to the daughter 5 years ago,
it is pink,
She is the registered keeper
She has maintained and cared for it all that time.
There was no contract for the return of the car
In all likely-hood the court would agree with the daughter.0 -
Would she be prepared to state in court that she bought the car and was the legal owner? I doubt it. Does the dad have a receipt for purchasing the car? Possibly.
Think of all the stuff you have given and been given for birthdays through your life.
Do you think you own all the stuff you have given away?
Do you think those that gave you presents still own those objects?0 -
Read the original post "The story is that her dad bought it for her a few years ago for her to use.". The poster states 'for her to use' not 'for her' or 'for her to keep'.IT Consultant in the utilities industry specialising in the retail electricity market.
4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).0 -
If you have had good use out of it FOC for a number of years and your Dad weirdly thinks interfering in other peoples lives by property control is a good way to make friends and influence people, smile sweetly and get yourself other transport. Having used and presumeably insured, taxed and MOT'd the car for a number of years while it was registered to you at your home address, I doubt if a court would bother seeing beyond the point of reasonable opinion. But why bother? Lifes too short.0
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the important thing is,
did the father say, here you are this is a present(gift) for you.
if so then she would more than likely win in court
however if the father said,here is a car for you to USE.
then he would more than likely win.
either way it seems the father/daughter relationship is breaking down and court action would only serve to break it more.
why not buy another car OR see if your GF can negotiate to buy the car from him,
if he does'nt like you then best keep out of it for nowIMOJACAR
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Whatever has happened. Suspend the insurance until a new car can be bought - there can be rare third party liabilities which could result in a claim on your girlfriends policy if the car is driven on the road and involved in an incident. Also write a letter to the DVLA, and send it recorded, telling them that you are no longer the owner with the relevant part of the V5C - you don't want parking tickets and bailiffs turning up.The man without a signature.0
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Cancel the insurance. Buy a new car.
Doesn't take away what he has done, but it shows you won't be controlled by him. And you have transport again.I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.Yup you are officially Rock n Roll0 -
I agree, let him have the car, but don't make any effort to sign the V5C over to him. Then he has to effectively forge her signature in order to sell the car.
Look about and you can get a car for £500 - £1000 that should last at least a year, that would be what I would do.
I suspect he is now going to give it the "you can have the car back if you dump him" treatment. Stuff him if that's the way he works IMO.0 -
as Anew says,
dont give him or sign the V5,then it means its trickier for him to sell or then he has to pay £25 for another:rotfl:IMOJACAR
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