I recently ended a relationship with my girlfriend of 4 years. When we broke up i let her borrow my car for a few months. Everything was fine during this time and i was getting to see my son.

All of a sudden i was not allowed to see my son and my ex is refusing to return my car to me. I am currently going through the court process to gain access to my son.

In regards to my car, i recently learned that the v5 of the car was tranaferred to my ex name.

I made a complaint to the DVLA and i was told that i was sent a letter notifying me the change of name, but i did not receive this letter. The DVLA have also stated that there is nothing they can do and it is now a civil matter.

They stated once i gain the car in my possession to notify them.

DVLA also sent me a copy of the letter that was sent to me, i am sure they stamp these letters? This letter has no stamp, i would have never have agreed to the name change if i knew about it. The police will not do anything as well.

I took out a personal car loan to purchase the car for which i am currently making monthly payments for, the loan is against my name and not the vehicle.

I really need some advice and help on what my options are and i would really appreciate it if someone can help.

Does the credit agreement mention the car?

Yes the credit agreement does mention the car

Yes the credit agreement does mention the car

Then just go collect it.

You might need a tow truck if you do not have keys.

Take all proof that you and you alone are paying for the car.

If the agreement states joint names then your in for a protrated court case.

The V5C only proves the registered keeper, not Te legal owner. It states that quite clearly on the front.

Dont be alarmed if the police come.

You can prove the vehicle is yours.

Oh and in addition its not a civil matter.

Its theft and fraud.

She has fraudulently signed your name to transfer registered keepers name and she has done it to permanently deprive you of your goods.

You could report it to the police as stolen as you have the proof that you and you alone are the legal owner.

The agreement is in my name only.

The issue that i have is i have tried to find the car but i cant.

I have an order against me and i cannot go near her until the court case is resolved. The police have told me i will get arrested if i attempt to get the car.

Could i make an complaint to the police? What about the DVLA?

Take all your evidence to police station and report the car as stolen.

Dvla letter states, "unresolved disagreement of ownership can only be settled by a court of law. We cannot intervene in disputes over ownership".

Can my ex sell the car? I couldnt find it at her address

Its possible yes.

If you have concrete proof that you legally own the car then report it as stolen.

Is this def a pers loan or an hp agreement?

Who is the financier close brothers? Moneybarn?

If its hp its not you car and its not theft/fraud

It is a personal loan with a bank, i phoned my bank to let them know my ex has the car and they said to me the car has nothing to do with them and the loan is against my name so they cannot do anything.

I have already been to the police and provided the evidence and i was told it is a civil matter. The reason being my ex made a deposit towards the car when i applied for the loan bought the car from third party. I have repaid the deposit to my ex for which i have proof of.

So the car I not identified on the loan.

You could be stuffed then.

Yes the credit agreement does mention the car

In what capacity?

Your saying different things in different posts so advice can change.

Do you have???

Hp on the car?

Finance in the car?

Personal loan for the car?

Is the car specifically mentioned on the pers loan? Ie reg/vin etc or is it just generally called 'goods'

Who is the bank?goods'

It their t&c's what does it specifically say they can do with/to the car/named goods if you fail to pay?

Thread created for broken home..posts moved

Go do a full HPI check on the car

Does the creditor show as having an interest ??

Go do a full HPI check on the car

Does the creditor show as having an interest ??

There is no creditor ...its a personal loan from the Bank...to buy anything the OP wishes...even a car

Yes i checked that..

Apparently the likes of Bh BPF Santander do register an int in the car though..

Like the various stories here...

https://www.consumeractiongroup.co.uk/forum/showthread.php?149912-Black-Horse-Car-Finance-Agreement

It is a personal loan with a bank, i phoned my bank to let them know my ex has the car and they said to me the car has nothing to do with them and the loan is against my name so they cannot do anything.

 

I have already been to the police and provided the evidence and i was told it is a civil matter. The reason being my ex made a deposit towards the car when i applied for the loan bought the car from third party. I have repaid the deposit to my ex for which i have proof of.

I dont think there is much you can do unfortunately until you actually get into court.....and your ex knew that it was a Personal Loan...thats why she took it.

How much was the car?

How much was your contribution/loan?

A woman scorned, hence the restraining Order on the OP.

It's not theft if you voluntarily pass the car to your ex for them to use.

It might become theft is you ask for its return and she doesn't but did you sign a written agreement with her for how long she could borrow the car and on what basis you could ask for it back? I'll guess not, it was all informal, nothing in writing?

On what grounds is she refusing to return it to you?

She may claim you gave it to her as a gift as part of the agreement when you split up.

Ultimately a judge would have to decide which of you to believe.

That's why all the official bodies you have spoken to say, 'who owns it is a civil matter for you to sort out between you'.

Taking it back from her without her consent might end up with you being charged with theft. Don't do it.

Hi all,

Apologies for the delay in responding.

Total for car including bank fees and interest is 32k.

The agreement states "the loan agreement is between xxxx and Xxx bank. The loan helps you to pay for vehicle shown here". All details of car are shown including the reg.

My ex paid a deposit of 2k towards the car but i have repaid her and i have made all the remaining payments only 10k left.

I originally let her borrow the car and then i said she can keep it if i get to see my child that was the agreement. This was in a text, no formal written agreement.

My ex has refused to give the car back and has cut all contact with me i am currently going through courts for access to my child.

What do you think my chances are if i raise a court claim?

"I originally let her borrow the car and then i said she can keep it if i get to see my child that was the agreement. This was in a text"

As she hasn't kept her side of the agreement by not letting you see your child, the car needs to be returned.

Try to change the name on the v5c online.

Try to change the name on the v5c online.

I've never used the system but have DVLA really set up a system that let's anyone transfer a vehicle to them as long as they know the registration number and name/address of the current number?

Indie12, have you kept the text where you made that agreement?