owner keeper dispute

dis2702

Hi guys just wondering if anyone can offer some advice please
My partner paid for a second hand car by debit card from a used car dealer for her sister on the understanding that she would repay her back in monthly installments the sister is now refusing to pay any money back .
Can anyone please advice me where my partner stands legally on ownership of the vehicle .She has the debit card receipt but car was invoiced in her sisters name. any advice would be greatly appreciated

londonTiger

i think you have enough evidence there to win a civil court case, but enforcing that is another issue altogether. All a small claims court can do is slap on a CCJ for non-payment and a few wreckless people are happy to take that.

Unless your partner has a habit of buying people expensive gifts it should be a clear cut case.

colino

Get the keys, drive the car to a safe location, apply for a V5C and that will either elicit payment, or go ahead and sell it.
Unless this is a very valuable car, only the lawyers will gain otherwise.

dis2702

Thanks for the replys
Didnt know where we stood on taking the car back and if we did would we be accused of theft
There are bank statements proving the sister was paying direct to my partners account monthly but they have stopped now

motorguy

dis2702 wrote: »

Thanks for the replys
Didnt know where we stood on taking the car back and if we did would we be accused of theft
There are bank statements proving the sister was paying direct to my partners account monthly but they have stopped now

Your original post should have said any further money back.

How much was the car and how much did she pay before she stopped?

dis2702

Sorry new to this
the car was worth 8000 shes paid approx 2200

motorguy

dis2702 wrote: »

Sorry new to this
the car was worth 8000 shes paid approx 2200

Has she given any reason why shes stopped paying?

Not sure how you deal with this.

If you go down the route of lifting the car, the DVLA will write out to the previous owner RE: has the car been sold before issuing a new V5, so she just has to say she hasnt sold the car and you're stuffed.

Some sort of a sit down along the lines of, "ok, you've stopped paying for the car, therefore we need it back", but again, i would imagine you'll get false payment promises and excuses.

Tough one....

dis2702

Thanks
Due to her own actions,stupidity and mixed up priorities she's unable to afford it,the payments were to pay a loan that was taken out to pay for the car so we cant afford to pay the extra ourselves

motorguy

dis2702 wrote: »

Thanks
Due to her own actions,stupidity and mixed up priorities she's unable to afford it,the payments were to pay a loan that was taken out to pay for the car so we cant afford to pay the extra ourselves

I would be having a sit down and saying that you need the car back so that you can sell it as you cant afford not to pay the payments yourselves.

If you can get the car back along with the v5 and keys, then you would sell it to clear the loan.

You could try to "sweeten" having to give the car back by saying that if you get over and above what she owes you'll be giving the money to her (although i doubt there will be)

Also, i would be making sure you have your familys ear on the situation up front as these sorts of things can split families - especially if she goes for the "they're taking my car off me" emotions.

What action is she taking to resolve the sitiuation? Is she cutting down on her other outgoings, has she a plan in place to resume payments or is it just a case of "sorry i cant afford to pay you anymore" with no consideration for the pain it may otherwise be causing you

dis2702

We believe its a case of cant pay so there
The family are aware of the situation and are backing us in it.
It was the legal issue on where we stood in t he eyes of the law if we tried to take it back

motorguy

dis2702 wrote: »

We believe its a case of cant pay so there
The family are aware of the situation and are backing us in it.
It was the legal issue on where we stood in t he eyes of the law if we tried to take it back

I would definitely take the firm approach of sitting down formally with her and trying to get her to hand the car over.

In terms of forcefully taking it, i would say you are perfectly within your rights to. Is she likely to take legal action to get the car back if you do lift it? Would she call the police for example?

I would get proper legal advice if shes not going to give it up volunterily but before you take it.