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Car ownership by an ex

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Comments

  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 12 May 2011 at 8:17PM
    V5 is not the proof of ownership mikey even if the OP didnt buy the car and has a bill of sale she can still register the v5 in her name as keeper.

    she also has a claim to ownership, as he gave her the keys and came to an agreement, and left it with her and moved on.

    put it this way, i bought a car so you could use it for family sake and the terms were its mine you just use it and tax it etc, you registered the v5 in your name, we had a falling out, i asked for the car to be returned, you refused, i take you to court and your defense is that you own it because its registered in your name, but my defense is that i bought and let you use it and register it and have proof i own it from bill of sale with my name on, you produce the v5 to the court but the courts will say that v5 is NOT PROOF YOUI OWN IT and I DID NOT GIVE YOU THE CAR the terms as agreed by us both stands and that you return the vehicle to me as OWNER.

    in the OP's case, she has possesion of the vehicle but he is registered, their terms were as agreed at point him getting a newer vehicle AS OP POSTED, he GAVE her the key (at this point the agreemant was you have that car i buy new car all is happy) he relinquished ownership at that point and passed ownership title to the OP buy coming to that agreement and handing over the keys, and time has passed on so he showed NO INTEREST in the vehicle the OP now has, and the OP wishes to register the vehicle in her name wich she is entitled to do as she is main driver and the vehicle is kept at her property.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    V5 is not the proof of ownership mikey even if the OP didnt buy the car and has a bill of sale she can still register the v5 in her name as keeper.

    she also has a claim to ownership, as he gave her the keys and came to an agreement, and left it with her and moved on.

    As I said though, I've always bought cars if the seller has the V5 in their name, I've never demanded to see the receipt from when they bought it. And if they haven't got the V5 in their name, I don't care what other paperwork they have to prove they own it, I'll walk away.
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    mikey72 wrote: »
    As I said though, I've always bought cars if the seller has the V5 in their name, I've never demanded to see the receipt from when they bought it. And if they haven't got the V5 in their name, I don't care what other paperwork they have to prove they own it, I'll walk away.
    so what do you think will happen, if you buy a car and the v5 was legally in that persons name because they had permission to register it in their name from the owner but then that situation went sour and that person with the v5 sold it to you?

    do you think that A. you have legal ownership because you bought it from the registered keeper and got a reciept.

    or B. the legal owner who has ownership title and proof of sale can take you to court because the car was illegaly sold to you without the owners express confirmation? and has a copy of the v5 that he withheld in the previous keepers name.

    yes i see where you come from, in an ideal world those who register the vehicle in their name but not owner should return the V5C back to the owner and can only access when its tax time as all other correspondance will be sent to the registereds addy. but theres nothing stopping them obtaining a copy via filling out a V62 and requesting a new one on the side.as stated the DVLA do not care for owner only interested in registered keepers.

    thers not allot of people who arent onwers and registered keepers but there will be a few.

    i not only look for the v5 present but some sort of conformation that the person selling it ownes it via reciepts or HP purchase payment when buying private, when buying from the garage at least you have somesort of comeback and know that they legally own it untill sold to you.
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