Ex owes me money, can I withold his bike?

unforeseen

belfastgirl23 wrote: »

Can I just ask a genuine question. If the OP paid for it online in her name, how is it not hers? Leaving aside the two other issues - ie the morality of claiming ownership and the OP’s safety if she withholds it - surely if she paid for it, then legally she owns it? Is there something I’m missing? I’ve always refused to organise buying bigger items for DH, not because I think he’d up and run off with my money but because I was worried if there were any issues with the item being stolen or needing to return it I’d get saddled with the paperwork cos I was the legal owner??

The thing you are missing is that the majority of the money was provided by his parents, not her. She was purchasing it with somebody else's money for some reason. Maybe she had an account with whoever it was bought from, she could get topcashback, who knows. But her contribution to the bike was less than 20%.

If she wants to keep the bike then I assume that she will pay back his parents the £1400 that they supplied? I thought not.

belfastgirl23

unforeseen wrote: »

The thing you are missing is that the majority of the money was provided by his parents, not her. She was purchasing it with somebody else's money for some reason. Maybe she had an account with whoever it was bought from, she could get topcashback, who knows. But her contribution to the bike was less than 20%.

If she wants to keep the bike then I assume that she will pay back his parents the £1400 that they supplied? I thought not.

I do know that the ILs paid for most of it (that’s why I said leaving aside the issue of morality ), but if she placed the order online using her credit card, then is she legally the owner?? I guess it’s possible that the ILs transferred the cash electronically and therefore have a track of it of course.

It does go to her question which is: can she withhold the bike until her £300 is repaid. If she owns it legally then I would have thought yes she can. Whether she could or will choose to is of course a different matter...

Malthusian

belfastgirl23 wrote: »

I do know that the ILs paid for most of it (that’s why I said leaving aside the issue of morality ), but if she placed the order online using her credit card, then is she legally the owner??

Nope, no more than the person or company at the other end who routed her money from the bank to the cycle shop. Like them, the OP was an intermediary (as well as a creditor).

At most the OP might have had a part share. But they don't, because they have it in writing that it's the ex's bike, and that they loaned the money to the ex to buy it. "I have it in writing (text) that he owes me the money, and also that the bike I bought was for him."

When the mortgage company loans you money to buy a house they don't get a share in it - unless it's explicitly agreed beforehand (shared equity mortgages).

If the bike had actually been owned by the OP and the in-laws in 15/85% shares, the ex should have been paying them rent to hire it. Naturally he didn't because it was his bike, bought using a loan from the OP and either a gift or loan from his parents.

unforeseen

Haven't yet ascertained whether it was a loan or a gift from the OP yet.

"I have it in writing (text) that he owes me the money"

Never had an answer whether it was the OP writing that or the ex. And if it WAS a loan was any defined payback period specified or is it open ended so ex could pay back in 50 years time if he so wished?

maman

unforeseen wrote: »

Haven't yet ascertained whether it was a loan or a gift from the OP yet.

"I have it in writing (text) that he owes me the money"

Never had an answer whether it was the OP writing that or the ex. And if it WAS a loan was any defined payback period specified or is it open ended so ex could pay back in 50 years time if he so wished?

I think we're unlikely to get any response. OP has been advised by most serious posters not to withhold the bike for a number of legal, practical and moral reasons. Maybe she's satisfied with the responses or maybe it wasn't what she wanted to hear.

unforeseen

I'd probably go for the latter