Join the most popular community of UK swingers now
Login
registered keeper of a car
Quote by equi-princess
Sorry to give you bad news but the Registered Keeper is the owner in the eyes of the law. If she wishes to dispute ownership she would have to seek legal advice... unfortunately this would probably cost her almost as much as the car is worth.
What on earth? It's been said and proven numerous times already, but I'll say it again for laughs: Being the registered keeper does NOT imply ownership. My dad is the registered keeper of my car* but he's never spent a penny on it so there's no way in the land he can suddenly claim ownership.
*When I first purchased it I couldn't insure it, so it was easier to have it all in his name for the first 2 months. And hten I never changed it.
And nor is it going to cost her £10,000 to prove that in court. Small claims will sort this out in a morning - might cost a few hundred if it gets that far.
Sex God
Quote by Shireen
Errr.... equi-princess knows what she is talking about vdub
Trust me
:thumbup:
Sex God
Quote by vdub
Errr.... equi-princess knows what she is talking about vdub
Trust me
As do I :wink:
Trust me :)
I happen to know that Equi is extremely knowlegeable and withouth knowing your profession I have no comparison but believe me........She knows
Sex God
Quote by equi-princess
Sorry to give you bad news but the Registered Keeper is the owner in the eyes of the law. If she wishes to dispute ownership she would have to seek legal advice... unfortunately this would probably cost her almost as much as the car is worth.
If they are still talking... she could ask for half the money and get him to agree to sell the car...or take goods to the value of the money she has paid into the vehicle.. its the same as any other asset that is paid for jointly or singly by any party in a relationship.... I don't hold out much hope for her gaining anything out of this.
Sorry.
equi x
:thumbup:
Master of Sex
equi princess,you are NOT correct,the DVLA booklet INS160 page 3,section 1,line 3,quote,The registered keeper is NOT neccessarily the legal owner of the 9,quote,The legal owner may include,the person who purchased the vehicle,or company/entities who purchased vehicle (company cars)or someone who receives it as a gift or prize. He cannot sell it because he does not have possession of it and cannot take it because of no insurance,she cannot sell it because she's not the registered keeper,presumably she has all the keys for it,presumably she will not willingly give him the keys so he would have to either burgle her house to get them or rob her to get them,she can prove she made the payments and the finance company will confirm this,it is her car,she is the owner,it does not belong to him,if he sells it ,it is theft (anyone who dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it).The police would ask him a)who paid for the car and want to see proof,he can't prove it,she can,b)why did he think he had the right to sell something that clearly didn't belong to him,I think he'd be a bit sticky on that answer,he might say she gave it to him as a gift,unfortunately she's not going to say that,then they arrest him for theft should he take it.a solicitor can give her advice on how to get the name changed on the registration certificate to must happen quite a lot when relationships go pear shaped so there will be a stated case I would have anyone points out that you can't steal a car thats registered to you,yes you can,if you have a company car and its registered in your name and you sell it,it is theft from your company,because you did not buy it,this is the same thing,good luck to her anyway.
Sex God
Quote by iluvminis
equi princess,you are NOT correct,the DVLA booklet INS160 page 3,section 1,line 3,quote,The registered keeper is NOT neccessarily the legal owner of the 9,quote,The legal owner may include,the person who purchased the vehicle,or company/entities who purchased vehicle (company cars)or someone who receives it as a gift or prize. He cannot sell it because he does not have possession of it and cannot take it because of no insurance,she cannot sell it because she's not the registered keeper,presumably she has all the keys for it,presumably she will not willingly give him the keys so he would have to either burgle her house to get them or rob her to get them,she can prove she made the payments and the finance company will confirm this,it is her car,she is the owner,it does not belong to him,if he sells it ,it is theft (anyone who dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it).The police would ask him a)who paid for the car and want to see proof,he can't prove it,she can,b)why did he think he had the right to sell something that clearly didn't belong to him,I think he'd be a bit sticky on that answer,he might say she gave it to him as a gift,unfortunately she's not going to say that,then they arrest him for theft should he take it.a solicitor can give her advice on how to get the name changed on the registration certificate to must happen quite a lot when relationships go pear shaped so there will be a stated case I would have anyone points out that you can't steal a car thats registered to you,yes you can,if you have a company car and its registered in your name and you sell it,it is theft from your company,because you did not buy it,this is the same thing,good luck to her anyway.
I have never seen anyone with a company car that is registered in their name (unless its there own company and even then its normally in the company name for tax purposes)
Quote by equi-princess
Sorry to give you bad news but the Registered Keeper is the owner in the eyes of the law. If she wishes to dispute ownership she would have to seek legal advice... unfortunately this would probably cost her almost as much as the car is worth.
Far be it for me to claim to be an expert in all aspects of law, but this is just plainly incorrect I'm afraid.
To finally nail it once and for all, look on the logbook of any vehicle and under the banner of Registered Keeper, it says "The registered keeper is not necessarily the legal owner."
If there are any lawyers on here that are able to overturn that specific piece of legislation, please feel free to contact me as I am sure we could use it to fund a lavish lifestyle.
Sex God
Quote by herts
To finally nail it once and for all, look on the logbook of any vehicle and under the banner of Registered Keeper, it says "The registered keeper is not necessarily the legal owner."
If there are any lawyers on here that are able to overturn that specific piece of legislation, please feel free to contact me as I am sure we could use it to fund a lavish lifestyle.
Doesnt say is definately not though does it
Quote by equi-princess
Sorry to give you bad news but the Registered Keeper is the owner in the eyes of the law.
No it doesn't say definately not the owner of the vehicle, as in most cases it is.
The quote I was responding to however, was definate, if you read it.
If it takes a lawyer to read a bloody log book, I would agree Shireen. And if there are any lawyers that can put up a legal argument to say all registered keepers are legal owners, I will be most surprised.
Like i said before she does not have to be in possession of the log book to change it over to her name she can get the forums from the post office although it does cost £19, as for the owner when it comes to actual law and we're not talking the dvla or any other orginisation i mean the law it clearly states that the registered keeper is regarded as the owner and this will be the person who is responsible when it comes to speeding fines, parking tickets etc, anthing else has to be proven, like i mentioned before all the ex has to do is say she bought it as a gift then it becomes seriously complicated, but by law the registered keeper is recognised as the owner even though its not always the case it does have to be proven otherwise.
Sex God
If the current registered owner does not fill in the liitle bit at the bottom of the V5 to say they have sold the vehicle and someone else applies for the V5 in their name the DVLA will write to the last registered owner asking if they have sold the vehicle.......
All he has to do is say NO and she will never get a V5 for that vehicle.......
Simple as that.....
All he has to do is say NO and she will never get a V5 for that vehicle.......
Simple as that.....
Sex God
Quote by herts
I would guess that in this case, the finance agreement would be more proof of ownership, than the logbook. It's likely that who actually paid for the car and in what circumstances, will have to be argued over.
It will be interesting to find out ultimately.
Had their been finance outstanding you would hav had a case....
Take my car....
Paid for with a px and cash.........
No finance at all..........
All the cash came from wifes account.....
Who has claim to the vehicle ???
Different set of circumstances.... Dont go muddying the waters :lol2:Quote by Mallock2006
If the current registered owner does not fill in the liitle bit at the bottom of the V5 to say they have sold the vehicle and someone else applies for the V5 in their name the DVLA will write to the last registered owner asking if they have sold the vehicle.......
All he has to do is say NO and she will never get a V5 for that vehicle.......
Simple as that.....
Thats very true but we don't know all the facts, for example they may have been living together and the car could be registered at her address. the info given is very limited, it was said that he has never took anything to do with the vehicle or insured it etc but i find it strange a finance company will let someone register and buy a car without producing insurance, iv'e never purchased a car on finance but i was under the assumption the person who signs the finance agreement has to be the registered keeper and must provide fully comprehensive cover, so this being the case the finance agreement must be in his name so once the last payment was made regardless of who made it the car becomes his, if this is the case and the finance was in his name then legally the car is his. It would have to be confirmed who actualy signed the finance agreement and im asuming it was he as the cars registered to him, this being the case the car belongs to him until proved otherwise in a court of law.
Sex God
Quote by solofun
If the current registered owner does not fill in the liitle bit at the bottom of the V5 to say they have sold the vehicle and someone else applies for the V5 in their name the DVLA will write to the last registered owner asking if they have sold the vehicle.......
All he has to do is say NO and she will never get a V5 for that vehicle.......
Simple as that.....
Thats very true but we don't know all the facts, for example they may have been living together and the car could be registered at her address. the info given is very limited, it was said that he has never took anything to do with the vehicle or insured it etc but i find it strange a finance company will let someone register and buy a car without producing insurance, iv'e never purchased a car on finance but i was under the assumption the person who signs the finance agreement has to be the registered keeper and must provide fully comprehensive cover, so this being the case the finance agreement must be in his name so once the last payment was made regardless of who made it the car becomes his, if this is the case and the finance was in his name then legally the car is his. It would have to be confirmed who actualy signed the finance agreement and im asuming it was he as the cars registered to him, this being the case the car belongs to him until proved otherwise in a court of law.
A person has to provide fully comp insurance is the amount to finance is equal to or greater than the market value of the car.......In some cases GAP insurance is also required.
Quote by Shireen
but i find it strange a finance company will let someone register and buy a car without producing insurance
We have purchased a vehicle in the past and the finance was in my name but Mallock was the registered owner... The insurance was in his name as well....
are you married? im not being nosey honest but id assume that make a difference.
No i couldnt answer that i just assume that if your married your both responsible for one another and have joint income etc if you know what i mean ie same name blah blah im gibbering now lol...
No what i initially meant was i thought the person who registered the vehicle had to have valid insurance for that vehicle, as an example even though your insured and you borrowed my car and i didn't have insurance on my car then if you had an accident a lot of insurance companies wouldn't pay up because i didn't have insurance on they vehicle, well up in scotland it works that way anyway so i asume its like that all over i can drive any vehicle on my policy but only if its insured but im also assuming you can insure a car in this case if you arent the registered keeper but how does that work for road tax renewal etc.
No what i initially meant was i thought the person who registered the vehicle had to have valid insurance for that vehicle, as an example even though your insured and you borrowed my car and i didn't have insurance on my car then if you had an accident a lot of insurance companies wouldn't pay up because i didn't have insurance on they vehicle, well up in scotland it works that way anyway so i asume its like that all over i can drive any vehicle on my policy but only if its insured but im also assuming you can insure a car in this case if you arent the registered keeper but how does that work for road tax renewal etc.
ok up date so far,
friend has taken legal advice,
turns out that he has no claim what so ever. he has never been in posesion of the car, never driven or been insured for the car, he cant say it was gifted to him as hes never been given it she has always been the one in posession and the one insured for it.
they mentioned various cases where by the owner is not the registered keeper, company cars, finance deals, etc the registered keeper is responsible for ensuring the car is legal, ie mot'd insured , first point of call for parking tickets or offenses. but the registered keeper is not proof of ownership.
she can prove she is the owner by recipts for all 17 k of the payments etc.
the police have been contacted and are intrested to know he is planning to effectively steal her car and sell therefore stolen goods.
he is now going to sign the keepers documents over to her.
if there are any further developments i will keep ths updated.
thankyou for all your advise and help.
xxxx fem xxxxx
friend has taken legal advice,
turns out that he has no claim what so ever. he has never been in posesion of the car, never driven or been insured for the car, he cant say it was gifted to him as hes never been given it she has always been the one in posession and the one insured for it.
they mentioned various cases where by the owner is not the registered keeper, company cars, finance deals, etc the registered keeper is responsible for ensuring the car is legal, ie mot'd insured , first point of call for parking tickets or offenses. but the registered keeper is not proof of ownership.
she can prove she is the owner by recipts for all 17 k of the payments etc.
the police have been contacted and are intrested to know he is planning to effectively steal her car and sell therefore stolen goods.
he is now going to sign the keepers documents over to her.
if there are any further developments i will keep ths updated.
thankyou for all your advise and help.
xxxx fem xxxxx
