Argh dvla paperwork mess :/

Lilula

Argh please help. I have been stupid I know! I was just trying to do a good deed and help a friend out, and it's gone so wrong. Right basically I am 7 and half months pregnant, and I was lucky enough to get given my dads old motor- his has his vw from new, for the past 8 Years it's barely cost him a penny and he Cudnt bear to get rid of it or run 2 cars and a work van.- I had a Peugeot s reg 206, recently mot (which she sailed through! and serviced and tax'd. It was a right beaut of a motor engine wise. I had it vandalised last December and the replacement passenger door and wing mirror is a slightly different colour. I needed to sell my beloved peugeot quickly, and wanted £1000 for her. The most I got offered because of the slight colour difference on the door was £750. Around that time, my best friend, needed a car. She didn't have the money to pay upfront, and was really intrested in it. We had both lent each other money before and always paid it back to each other. We both agreed that on the 3rd August 2012 she would have the car, and on our payday, we both work for the same company, she would pay me £100 a month,Minamum, until the total was paid off which we agreed would be £1000. We both signed the logbook for the car and registered keeper documents, however just for a sense of security I didn't send it off, I wanted to wait until I had atleast half the money for the car. Yes I know it's a risk. However since the 3rd August 2012 I have recieved the following payments: 27/08/2012 - £100.00 and lastly 3/11/2012 -£80.00. I have had no other money. What am I meant to do!? The car legally is in my name. I have to constantly chase her for money, which she claims to never have, as she has a young child and a partner whom works fulltime, they get some benefits aswell. Since she has had the car in her possession, one of the electric wing Mirrors is hanging on by duct tape and not working, her 3 year old child has broken the passenger seat so it cannot be moved and ruin the interior in the back by chocolate stains in the seat and a pink felt tip pen all on the interior of the back passenger door. When she 'brought' the car her brother whose a mechanic looked over it and said yes it's mint condition, the clutch needed tightening, which I had told her about before, he quoted her £50 she never got it done so it went, she didn't go to her brother but a dodgy mechanic charged her £100 for labour and clutch parts! As if!! He then looked over my Peugeot and told her it needs £400 worth of work done, which her brother who looked at afters and said it really doesn't! She got paranoid as she has the child and forked out another £100.00 on getting 'essentials' done.hence me no other payments!! I am really at my wits end with this! And know we r gunna end up falling out! I hear yesterday that, her front breaks which this other dodgy mechanic had fixed for her, had gone, when her brother looked, no one had even replaced them!! She has just quit her job aswell! The tax is coming up for renewal soon and I just want my money!! What do I do? I don't want to get in trouble with the dvla either. Please help!!! My baby is due in 7 weeks and I though having extra £100 a month would be excellent help and it's just turned into a living nightmare!!! xxx

maninthestreet

Do you have anything in writing about the agreement for her to pay you £100 a month?

Lilula

I did have a piece of paper, with it on which we both signed, I have misplaced it. my dads not happy, as thinks as the cars still in my name legally, not hers, he can just go round there and get it back. I don't want it back in the state it's in now, just want my
Money. Surely as I'm still the registered keeper of the Vechical and have the document, I can legally do that? X

Sally_A

Your post is quite hard to read, but from the main points, I'd say.

Send transfer of ownership a s a p, as she will then be liable for tax, parking fines, etc. Hopefully you have a sales receipt proving it is now hers, as this could be invaluable if she starts racking up fines, parking tickets etc on the car. (Hopefully she has arranged insurance, as this could come back and bite you on the bum too - check on ASKMID).

Yes, without a cut and dried agreement, you could be £820 out of pocket on the value of the car.

I may have read the main points incorrectly, if so I apologise, but if you wish to repost with just the hard facts it would be easier to sift through.

Lilula

Yeah she has deffo got insurance, I had to help her sort it out. And was there when she paid for that in one lump sum. I really don't want to sign the documents over to her until I've had some
More money, I know I've deffo learnt a lesson thru this! Because I can't find a sales receipt, and legally it's in my name, I really didn't wanna ruin our friendship but could I go round there and just take my car back? In the eyes
Of the law it is rightly mine, even though it's barely worth £600 now because of the state of it, I'd give her, her £180 back!

Lilula

3rd August 2012 we sign the documents for the car, she has the car.
27/08/2012- I recieved £100.00 cash.
I still don't send the documents off, as I receive no more money until 3/11/2012 and then I only get £80.00
Car is still legally in my name, and she broke our agreement, I have misplaced the paper work to prove this though.
In the months she didn't pay, she forked out for a holiday and told me how she spent £300 on new clothes for herself! Yet claiming she doesn't have the money to give me!!!

mrs_sparrow

Look, you are not going to get your money.

I think you need to send her a letter by recorded delivery that says:

Dear x,

I am disappointed that you have not stuck to the agreement we made in your sending me £100 a month for the car. It was in mint condition when you received the car and now it has xx wrong with it.

I am giving you one last chance to send me the money for the car. I appreciate that you have a child but you had the car on the agreement that you would pay me £100 a month and I thought this would help you as you did not have the money to buy outright.

If you cannot pay me the money I require the car to be transfered back to me within 14 days, in the condition it was given to you.

I am afraid that if you do neither of these I am going to have to recover the monies owed using the small claims court and all costs of this action will also be payable by you also. If you start paying me and then stop as you have previously done, after 2 weeks of non-payment I will have no alternative but to start small claims court proceedings, however, I really do not want to do this and I would like to settle this amicably and am giving you one last chance to pay me before I have to take other action but I want the money you owe me for the car.

Yours Sincerely

x

And then do it.

Sadly, she is not your friend - a friend would not have done this to you and you want your money. Either scare the money out of her or giving the car back - you really can do without friends like this - as I am sure you probably know. To flaunt her spends in your face while she owes you money is even worse. I would personally be asking for xx per month. In the court it'll be her word against yours, why you would take her to court if she did not owe the money is anyone's guess but as you still have the car in your name the judge will either order her to give the car back in the condition it was given or pay you - and she will have to pay your court costs.

maninthestreet

Time to play hardball, as she is taking you for a ride. Do as mrs_sparrow suggests.

mrs_sparrow

Some links, sorry I always assume everyone know them.

You submit a claim here: https://www.moneyclaim.gov.uk/web/mcol/welcome

It is very easy but you must give her the 14 days to pay, you must send her a letter by recorded delivery else the judge will not entertain your claim. It costs £30 or £80 (I cannot remember which) if you are on certain benefits then you can get it free but have to apply at a local court (I believe).

It is really very easy and I have used it to get phone cashback way back when they used to give cashback every quarter etc... and they did not pay mine.

Lilula

I know your right. I have learnt my lesson. Thank you so much for all your help!! much appreciated xxx

TrickyWicky

You've got £180 of her money right? She's devalued the car by at least that so just put in writing that you want the car back due to a default. As she has devalued the car by £Xamount this will need covering and you propose to deal with this via the £180.