a member of staff was given a car by the company however has not returned it to us - any ideas

I would think that before anyone can give any pertinent advice or even an opinion, you're going to have give a great deal more detail.

More detail please. Given implies a gift. Are they still employed? Etc.

the car was lent to the staff member - it was put into his name on the v5 doc for insurance purposes- he then left the company and started work elsewhere

Come on, there's a great deal more to it than you've said so far. You need to describe the full circumstances in one go rather than have to drag it out of you in dribs and drabs.

I'm out. Visit a lawyer and tell them the whole thing.

the car was lent to the staff member - it was put into his name on the v5 doc for insurance purposes- he then left the company and started work elsewhere

V5 shows registered keeper, not owner (in case the ex-employee says "it's my name on the v5").

Who paid for the car?. The company? The employee? The employee with the company re-paying them as an "expense"?

Does the company have any paperwork (paper or even e-mail) where it was discussed with the employee in case they claim it was given rather than lent?

If they are claiming it was given, did they declare it as a benefit in kind to HMRC (a call to HMRC may be in order if they are claiming it was given rather than lent!)

ill try to make this simple for the less insidious of you out there - im the owner of the company i offered one of the employees personally a car to get him about etc etc , he then decides to start being difficult with persistent lateness so i asked him to leave the company , my car has not been seen since ?

a small claim court would be the suitable option i think here

V5 shows registered keeper, not owner (in case the ex-employee says "it's my name on the v5").

 

Who paid for the car?. The company? The employee? The employee with the company re-paying them as an "expense"?

 

Does the company have any paperwork (paper or even e-mail) where it was discussed with the employee in case they claim it was given rather than lent?

 

If they are claiming it was given, did they declare it as a benefit in kind to HMRC (a call to HMRC may be in order if they are claiming it was given rather than lent!)

Bazza asked some great questions. How about answering them? We need to know what you have documented. Right now it looks like a gift so you have no case!

By the way, do you think calling people insidious is a great way to get help?

hi there

its a personal thing really - the v5 was put into his name but i have the v5 and it was put into my name - i did it as a gesture of good will to the staff member and not in any way connected to the company i just did it to help him on a bit

i have an e mail saying he still has my car but wont return it

hi there

 

its a personal thing really - the v5 was put into his name but i have the v5 and it was put into my name - i did it as a gesture of good will to the staff member and not in any way connected to the company i just did it to help him on a bit

i have an e mail saying he still has my car but wont return it

Hello there.

I think it's going to be difficult for the guys to advise you without fuller details, I could be wrong.

My best, HB

Have you reported it stolen to the police? What did they say?

It is very difficult to give a clear answer on this one. You will say the car was given to him on loan. He will say the car was a gift. A court would look at the evidence and decide who, on a balance of probabilities, is more likely to be correct. If you feel you have the right of it, then send him a letter before action asking for return of the car within 14 days. If you do not get an adequate response then start county court proceedings.

If the car was loaned to him as part of his employment, I imagine that is taxable and you probably should have deducted tax from his pay to account for that, in which case you would be liable to HMRC for the unpaid tax. I haven't checked the tax rules on this but I doubt it would be much.

thats exactly correct - it had nothing to do with his employ it was purely to get him some wheels - poor part of the world we live in here _,so what you say is correct and about what i thought , write a letter if no response then get it to court let them decide

great stuff