Financed a car for someone who hasn't ever paid back. Help!?

happycamel_2

You still haven't told us if it's on HP or not. That determines whether your mother doesn't own it either, the finance company does. Small claims court is your route if she owns it and can prove there was a loan agreement with her son and he has refused to pay. Once she has judgement in her favour she can look at how to enforce it but that isn't cost free and they can't take what he doesn't have.

happycamel_2

The V5C or "logbook" proves the registered keeper, that isn't necessarily the same person/entity as the owner, as it clearly states on the document.

SeanG79

wilburscott wrote: »

Can you tell me more about what you mean regarding the logbook. I believe its in her name, but they hold all the documents so I'm arranging duplicates.

Has anyone at all, had to repossess a car / deal with a situation like this with a family member? He is voilent, aggressive, extremely manipulative and has nothing to lose.

It means its immaterial what is stated on the V5 until you know whether the finance is a personal loan/"fixed sum loan" or if it is HP/Conditional sale. This will then establish your next course of action.

There will be repo agents who I am sure have dealt with this kind of individual, however you MUST establish the type of agreement before you do anything else.

spacey2012

Details of the contracts signed and by who need explaining.

If "Mother" is the registered Keeper as named on the vc5 , then anyone driving the vehicle is doing so with permission of the registered keeper .
Mother then would have the option of removing her consent to drive.
She can then inform the police that she is the registered keeper and the vehicle is been driven without her consent.

The first ANPR police vehicle it passes will stop it, impound it and the registered keeper will have to provide documentation and an insurance certificate bearing that registration mark which does not excluded re-claiming vehicles that have been seized.

Allowing someone to drive a vehicle you are registered keeper of comes with responsibilities to ensure the person using holds insurance or the keeper becomes liable.

Failure to provide proof of such insurance to the keeper is reasonable grounds to revoke consent to use.
Once informed of this, the user is taking the vehicle without consent TWOC, taking means to use on a public road without consent.
As the police make a few quid out of pound fees they wont argue too much.
So if she is the registered keeper and prepared to pay the pound fees, withdraw consent to use, inform the driver to return the vehicle to the registered keeper within 24 hours then report it as TWOC , not stolen.
Any damage committed maliciously is criminal damage.