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Owner/Keeper of vehicle

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2

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  • tiamaria
    tiamaria Posts: 1,483 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I like your idea Maddog but i'd be too afraid that he'd trash my car also when i'm asleep one night or something. I dont know where he lives either:(
  • maddogb
    maddogb Posts: 473 Forumite
    tiamaria wrote: »
    I like your idea Maddog but i'd be too afraid that he'd trash my car also when i'm asleep one night or something. I dont know where he lives either:(


    yeah severe disadvantage that "I know where you live" routine, that was the cheapest option, as others have said there is the court route (giving you time to move :D )
  • maddogb
    maddogb Posts: 473 Forumite
    DUTR wrote: »
    Nope I'm not her ex, I buy my own cars ta :D
    The cheaper option is to write off the loss, as all other suggestions are going to be costly with no garauntee of success with money the OP doesn't have right now.


    lol it had to be said at that point it could have been ten grand he still owes..
  • caliew
    caliew Posts: 74 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Hi is the motor insurance under your name as policy holder with partner as registered keeper or is the policy under registered keeper as policy holder and you on partners insurance file as owner?

    The reason I am asking is you may have taken out a motor legal plan alongside your car insurance policy (usually only if you are policyholder) under your name, if you have you may be able to put it through a motor legal plan however on those plans legal people only tend to take it on if you have more than 51% chance of winning as you have papers and the registered keeper has papers it might be 50 / 50 which may not warrant the contract dispute.

    I am aware that Motor Legal plans could possibly be used if you entered into a contract dispute with a car garage when buying or selling a car, but I don't know if you can claim on one of those plans if you have it running alongside your car insurance policy in your circumstances, but it is worth checking if you have one.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    maddogb wrote: »
    are you her ex?
    no one can really advise you here with so little detail to go on.
    I'm assuming if the agreement was for £50 per week this is not to much of an old banger, you need to look at how much the car is worth how much is owed, how little hassle you want.


    If it is worth your while contact the DVLA request a new registration doc for it, take that to the local dealers and get a new key made up for it. buy insurance and go pick it up let him make the moves legal wise.
    As stated any advance warning and he may trash it.

    Would all that be cheaper than small claims court?

    You'd need to check on the legality of repossessing the car with no notice. If he were to take the OP to court for repossession without notice, it might get even more expensive.

    OP, how much does he owe you, and if you don't know where he lives, how would you repossess the car in any case?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He can't sell a vehicle he doesn't legally own. However under the seemingly vague arrangement you negotiated with him for repayment, only a lawyer could determine if the ownership has passed to him or not. Was the car transferred direct from the previous owner to him by way of the V5C, or were you named as the registered keeper at some point?
    What concern is it of yours if he sells the vehicle? Your only interest is in recovering the debt, which basically leaves you the option of a small claims action. If the agreement ws purely verbal, it's your word against his.
    How much is the debt and when did he make the last payment?
    No free lunch, and no free laptop ;)
  • jaydeeuk1
    jaydeeuk1 Posts: 7,714 Forumite
    Debt-free and Proud!
    Take a log book loan out, don't pay it back and say they can keep the car.

    Get a mate to buy the car with a rubber cheque, then hand it to you?

    * I am partly joking.
  • bigjl
    bigjl Posts: 6,457 Forumite
    maddogb wrote: »
    are you her ex?
    no one can really advise you here with so little detail to go on.
    I'm assuming if the agreement was for £50 per week this is not to much of an old banger, you need to look at how much the car is worth how much is owed, how little hassle you want.


    If it is worth your while contact the DVLA request a new registration doc for it, take that to the local dealers and get a new key made up for it. buy insurance and go pick it up let him make the moves legal wise.
    As stated any advance warning and he may trash it.

    Don't follow this advice.

    The current owner will be contacted to see if they object to a new V5 being sent out to a new keeper.

    As the ex has been driving an Insuring the car for a while it will be difficult to prove that he doesn't own it.

    He could easily say he paid her all the money in cash and she is making stuff up to get her own back after a break up.

    And if she did as suggested the current keeper could report it stolen.

    The dispute about the money may be a civil case, but getting a V5 and key for a car registered and insured by somebody else could be consider theft, the fact you had a key made and for a V5 would mean they would not be considering TWOC/TDA as clearly if you did all that effort you aren't intending to give it back.

    Best advice is to attempt legal action as a civil case using the contract you signed as proof, in your pre action letter tell your ex that you want him to produce all his bank statements for the period of the agreement, because then he can't say he paid you if it doesn't show him taking out or transferring the money every week.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Is it ops car though? Does the contract cover you holding the car in lien of payment? So is the car yours or does he merely owe you money from a loan you gave him?
  • Marvel1
    Marvel1 Posts: 7,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    maddogb wrote: »

    If it is worth your while contact the DVLA request a new registration doc for it, take that to the local dealers and get a new key made up for it. buy insurance and go pick it up let him make the moves legal wise.
    As stated any advance warning and he may trash it.

    When you apply for a reg doc and there is a keeper on the record, DVLA will write to the current keeper and query it.
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