hi,
im going to pick your brains, ive tried serching the net but to no avail.
a friend of mine has split from her partner, when they were together they went to garage and bought a car. for credit scoring reasons the car was put in his name, however she paid the deposit, every payment and cleared the balance a tear earlt recently. all payments have been taken from her account etc.
he is now saying he wants to sell the car. it was registered as him as the keeper.
hes never paid towards it, ben insured for it etc.
who owns the car? can he take it?
thanks for any help.
reminds me again of the bonus of being single and independent lol
xxx fem xxx
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registered keeper of a car
Sex God
If she takes possesion of the vehicle and he is the registered keeper then she wont be able to do a thing with it..
She wont be able to sell it..........
If she tries to re-register it the DVLA will write to the last registered owner and confirm this...
Most insurance companies will only insure if you are the registered keeper...
Doesnt seem like she has much going for her in this case unfortunately...
She wont be able to sell it..........
If she tries to re-register it the DVLA will write to the last registered owner and confirm this...
Most insurance companies will only insure if you are the registered keeper...
Doesnt seem like she has much going for her in this case unfortunately...
you say she has paid all the money, does that mean there are no payments left?
if thats the case then she needs to see a solicitor to get proper advice, thechnically if he has the car and he is registered owner then it is his.
But i would say that if she can prove she has made all the payments then she has a case to have an interest in the car. Depends on how amicable they are going to be about.
im NOT a lawyer or a legal expert theres too much money at stake to go on advice here alone she needs professional advice.
good luck
if thats the case then she needs to see a solicitor to get proper advice, thechnically if he has the car and he is registered owner then it is his.
But i would say that if she can prove she has made all the payments then she has a case to have an interest in the car. Depends on how amicable they are going to be about.
im NOT a lawyer or a legal expert theres too much money at stake to go on advice here alone she needs professional advice.
good luck
Sex God
Quote by puggtiracer
I know that the V5 (logbook) only gives details of the registered KEEPER and NOT the OWNER.
Go and see citizens advice. They'll be a lot of help I should imagine!
If it went to court and your friend has paid every payment, effectivly she has brought the car and therefor it is hers.
The only thing that will interest Police is who's name is on the V5...
There is no other document allied to a motor vehicle that they will look at...
With reference to the part I have highlighted he can simply claim it was a gift from her..
As far as I know the V5 still says somewhere that it is not a proof of ownership - The registered keeper is not necessarily the owner, but in reality whoevers name is on the logbook is considered the owner by buyers, police etc.
However, if the person who bought the car kept the payment details, had the invoice or other paperwork in their name etc, then it should be proveable that they are in fact the owner. In other words she is entitled to the car under law but will need help from a solicitor to confirm that and be able to take possession.
However, if the person who bought the car kept the payment details, had the invoice or other paperwork in their name etc, then it should be proveable that they are in fact the owner. In other words she is entitled to the car under law but will need help from a solicitor to confirm that and be able to take possession.
Not sure if you are in england or scotland with differing legal systems but her goes for scotland.
the V5 (DVLA document) is of no assistance in determining ownership of a vehicle. rather - it is a matter of looking at the bill of sale (ie invoice from the garage dealer) and evidence of payment. if your pal has evidence that she was making all the payments to the garage, the contract of sale is surely between your pal and the garage - thus, she has ownership.
the fact that her A N Other registered vehicle with DVLA and A N Other was also using the vehicle simply means that your pal had granted A N Other use of the vehicle. Unless A N Other can prove that there was a sale or transfer of ownership to him, he has no right to the vehicle.
Of course, if this was a domestic situation (ie living together as partners), then becomes bit more tricky. Would probably need to look at household finances - who paid what - might be a 50/50.
Finally, one thought does occur to me is that - perhaps - there is an argument that A N Other (by not returning the vehicle to your pal) has stolen it in the eyes of the law. One for the police
the V5 (DVLA document) is of no assistance in determining ownership of a vehicle. rather - it is a matter of looking at the bill of sale (ie invoice from the garage dealer) and evidence of payment. if your pal has evidence that she was making all the payments to the garage, the contract of sale is surely between your pal and the garage - thus, she has ownership.
the fact that her A N Other registered vehicle with DVLA and A N Other was also using the vehicle simply means that your pal had granted A N Other use of the vehicle. Unless A N Other can prove that there was a sale or transfer of ownership to him, he has no right to the vehicle.
Of course, if this was a domestic situation (ie living together as partners), then becomes bit more tricky. Would probably need to look at household finances - who paid what - might be a 50/50.
Finally, one thought does occur to me is that - perhaps - there is an argument that A N Other (by not returning the vehicle to your pal) has stolen it in the eyes of the law. One for the police
dam typed out a post and hit wrong button,
ok she can prove she has made every single payment of the 17 ish k
hes never been insured , driven, this car, she has paid for all servicing etc,
his name was just used to get best credit deal.
they split a year ago and he has today said he wants to sell her car.
she is in possession of it. like i said hes had nothing to do with it till this point.
she is going to get legal advice monday, just wondered if anyone knew so i could put her mind at rest till then
thanks
oh in the england btw
xx fem xxx
ok she can prove she has made every single payment of the 17 ish k
hes never been insured , driven, this car, she has paid for all servicing etc,
his name was just used to get best credit deal.
they split a year ago and he has today said he wants to sell her car.
she is in possession of it. like i said hes had nothing to do with it till this point.
she is going to get legal advice monday, just wondered if anyone knew so i could put her mind at rest till then
thanks
oh in the england btw
xx fem xxx
:thumbup:Quote by fem_4_taboo
dam typed out a post and hit wrong button,
ok she can prove she has made every single payment of the 17 ish k
hes never been insured , driven, this car, she has paid for all servicing etc,
his name was just used to get best credit deal.
they split a year ago and he has today said he wants to sell her car.
she is in possession of it. like i said hes had nothing to do with it till this point.
she is going to get legal advice monday, just wondered if anyone knew so i could put her mind at rest till then
thanks
oh in the england btw
xx fem xxx
from what you say she has every chance of keeping the car, a letter a solicitor to him will probable warn him off especially if he thinks he might have to spend some money first.
He may be on the V5 but cant see any judge going against her with that kind of evidence to be honest.
I am no expert....
But the registered keeper is just that- keeper. The owner is the person who has paid for it.
The car is her's.
All she needs to do is go to a solicitor and in her free, initial, consultation, which most of them do s/he will tell her that she is the owner. This will give her peace of mind. What she needs to do is then write him a letter (keep a copy) saying everything you have said. He was made the keeper for credit reasons. She has driven the car, made all of the payments and is fact been in total possession of the car. Put in there that she has taken advice from a solicitor and he will hopefully then also get advice from a solicitor and realise that she is right and will stop being a dick.
splendid
But the registered keeper is just that- keeper. The owner is the person who has paid for it.
The car is her's.
All she needs to do is go to a solicitor and in her free, initial, consultation, which most of them do s/he will tell her that she is the owner. This will give her peace of mind. What she needs to do is then write him a letter (keep a copy) saying everything you have said. He was made the keeper for credit reasons. She has driven the car, made all of the payments and is fact been in total possession of the car. Put in there that she has taken advice from a solicitor and he will hopefully then also get advice from a solicitor and realise that she is right and will stop being a dick.
splendid
ooh after a tough day working for a car finance company I can say this...............
The finance company owns the car untill it is paid for, however as far as which one of them is the user/owner of the car in their eyes it is the main applicant basically who ever the credit agreement was made out to. If they were joint aplicants it his the main one who is classed as the user the second applicant is simply there as a garentour
The finance company owns the car untill it is paid for, however as far as which one of them is the user/owner of the car in their eyes it is the main applicant basically who ever the credit agreement was made out to. If they were joint aplicants it his the main one who is classed as the user the second applicant is simply there as a garentour
Quote by fem_4_taboo
reminds me again of the bonus of being single and independent lol
xxx fem xxx
Its got nothing to do with partnership status but everything to do with intelligence, personal security and sense.
If you give someone complete control of your situation, then expect to be abused, but you dont have to stay single just so your safe from abuse
probably a urban story but here goes: one about guy who sees ad in paper for a Rolls £100, He clearly assumes its a misprint but goes with £100,000 to have a shows him the car, guy agrees to buy it however woman really only wants £100 quid! Eplaination given was it owned jointly, but her ex had gone off with another woman. She was ordered by court to to sell the car and give him 50% of the sale. Hence he would only get fifty quid for his cherished car!
Quote by Ukwinemanit says on the logbook iam pretty certain that just because you are the registered keeper that does`nt mean to say you are the owner !
you say she has paid all the money, does that mean there are no payments left?
if thats the case then she needs to see a solicitor to get proper advice, thechnically if he has the car and he is registered owner then it is his.
But i would say that if she can prove she has made all the payments then she has a case to have an interest in the car. Depends on how amicable they are going to be about.
im NOT a lawyer or a legal expert theres too much money at stake to go on advice here alone she needs professional advice.
good luck
Quote by Geminifemale
reminds me again of the bonus of being single and independent lol
xxx fem xxx
Its got nothing to do with partnership status but everything to do with intelligence, personal security and sense.
If you give someone complete control of your situation, then expect to be abused, but you dont have to stay single just so your safe from abuse
i think thats a bit harsh, some people have been together for many years and share everything and never abuse each other
The law states, (and I know this to be fact) That the registered keeper is not necessarily the owner. If he has a receipt from the previous owner saying he paid for it then it is legally his even if she is the registered keeper. I had the same situation with my ex wife where I had paid for it but the receipt was in her name for financial reasons and when we split I got burnt with not a leg to stand on.
I know this might sound daft but if shes in possesion of the car and always has been and he has nothing to do with it ect then why hasn't she just sent off the registration documents and got them changed into her name, she can do this by visiting a local DVLA office or pick up a form from the post office if she doesn't have the registration document in her possession, I think i'd do this sooner rather than later as it will then make things less complicated and on top of that she has proof she paid for it, because as it stands he can be awkward and say she bought the car as a gift for him then the payments won't prove anything and she'll have to fight it through court. not that he will get awkward or it'll come to that but you can never tell.
Just a few thoughts. As said before, keeper and owner are not legally one and the same.
If it was claimed to be a gift, then the woman just needs to ask the man for proof of insurance to show he has used the car, which he has never had. Any court would not believe someone would gift a car to someone else, who would then never use it, surely.
The finance documents could be tricky, but proof of payment from a specific account could help.
And as a few have said, in a domestic situation, it could well be 50/50 regardless.
Let us know how it goes though.
If it was claimed to be a gift, then the woman just needs to ask the man for proof of insurance to show he has used the car, which he has never had. Any court would not believe someone would gift a car to someone else, who would then never use it, surely.
The finance documents could be tricky, but proof of payment from a specific account could help.
And as a few have said, in a domestic situation, it could well be 50/50 regardless.
Let us know how it goes though.
Orgasminator
From the DVLA registration guidance notes
The registered keeper is NOT necessarily the legal owner of the vehicle.
The registered keeper is:
• The person who is liable for the licensing of the vehicle and declaring the
vehicle off the public road
• The person to whom the police and other enforcement authorities would
direct any enquiries eg about motoring and parking offences.
The legal owner may include:
• The person who bought the vehicle
• The company/legal entity who bought the vehicle eg Finance/Leasing
companies
• The person who receives the vehicle as a gift or prize
Q. Does the Certificate show that I am the legal owner?
A. No. It does not prove legal ownership.
The legal owner may include:
• The person who purchased the vehicle
• The company/legal entity who purchased the vehicle
e.g. Finance/Leasing companies
• The person who receives the vehicle as a gift or prize
The registered keeper is:
• The person who is liable for the licensing of the vehicle and declaring
the vehicle off the public road
• The person to whom the police and other enforcement authorities
would direct any enquiries e.g. about motoring and parking offences.
NB Before buying a vehicle you should satisfy yourself that the seller
either owns the vehicle or is entitled to offer it for sale.
it would be interesting if this story when concluded has the final result/ outcome posted if possible, there must be many cases where this situation whether a car, furniture or the hi fi onwership comes into question cos of the value not because someone needs itsame thoughts here, however there were still 2 years of finance left on the car so they just left it in his name save confusion. she recently decided to clear all the finance with her savings and approached him afterwards to have the car registration changed to her name. now surprise surprise he decides hes going to try and take the car.
to reiterate he never spent a penny on it or drove it.
it was a 17 k car, she put 8k down as deposit from the death of her dad and paid all the payments since and has now just paid 3k of savings to clear the balance.
i dont think she will have a problem, and i told her if he should try and take it before she sees a solititor to call te police, if nothing else he will be driving with no insurance.
again thanks for all your help
xxxx fem xxxxx
to reiterate he never spent a penny on it or drove it.
it was a 17 k car, she put 8k down as deposit from the death of her dad and paid all the payments since and has now just paid 3k of savings to clear the balance.
i dont think she will have a problem, and i told her if he should try and take it before she sees a solititor to call te police, if nothing else he will be driving with no insurance.
again thanks for all your help
xxxx fem xxxxx
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
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
Quote by sussexguy
From the DVLA registration guidance notes
The registered keeper is NOT necessarily the legal owner of the vehicle.
The registered keeper is:
• The person who is liable for the licensing of the vehicle and declaring the
vehicle off the public road
• The person to whom the police and other enforcement authorities would
direct any enquiries eg about motoring and parking offences.
The legal owner may include:
• The person who bought the vehicle
• The company/legal entity who bought the vehicle eg Finance/Leasing
companies
• The person who receives the vehicle as a gift or prize
Q. Does the Certificate show that I am the legal owner?
A. No. It does not prove legal ownership.
The legal owner may include:
• The person who purchased the vehicle
• The company/legal entity who purchased the vehicle
e.g. Finance/Leasing companies
• The person who receives the vehicle as a gift or prize
The registered keeper is:
• The person who is liable for the licensing of the vehicle and declaring
the vehicle off the public road
• The person to whom the police and other enforcement authorities
would direct any enquiries e.g. about motoring and parking offences.
NB Before buying a vehicle you should satisfy yourself that the seller
either owns the vehicle or is entitled to offer it for sale.
If that was me and the ex wanted to take my car and he was the registered keeper then I would just go round not paying for parking tickets and maybe drive a bit faster than I should on the motorway past a speed camera
I wonder if she did this he would still claim to be the owner
xxx
