You're right King. Nothing ventured nothing gained. I need a van for my business now that's why I was ok with getting that van back. He can't pay, not even small payments. He's started claiming JSA as he's really struggling so no point in kicking him when he's genuinely down. If I could get the van back then saves me buying one with unknown history. Does anyone know how to get some sort of possession order for the van? How to apply and what forms etc?

Thanks. It seems my only option then is to wait until he has sorted out his dispute with the garage then if he is still willing to give me the van then I can take it back. Doesn't seem like there is any hope and I have lost out. I was thinking that my position was secure to do with the van and that as the owner of the van then I could go and get it lien or not and they can continue their dispute with him as it had nothing to do with me. I know from CAB that they cant sell the van if it came to that because it does not belong to him and they cannot assume ownership, just like a bailiff cant seize and sell a vehicle under finance or not belonging to the person no matter what dispute or money the person owes, but correct me if i'm wrong.

Tried that in one of my letters but at the moment he really is in dire straits and is trying to fight his dispute with the garage. I know he really is struggling that's why I know for him to give up the van for payment is killing him.

Thanks King12345, that gives me some hope. It is worth a punt, just worried that if it doesn't succeed then the garage might then take the van someplace else and hide it? I called the Sheriff people to see if they had any advice and they said I should go see a solicitor and try to apply for a delivery order specific to the van through the courts. The solicitors might charge an amount which then might not make it worthwhile against the value of the truck. Does anyone know what this delivery order is & if it's possible to apply for one myself without a solicitor? I really like your approach King nd would do that if it was guaranteed, just scared they might refuse and cause complications? Just generally worried.

Hi, I don't know how that works but im sure its not a logbook loan as he was never registered as the owner or keeper looking for a loan against his van. I can't remember what site it was bought from to hand, i'll have to go back many months into my statements to find the purchase information. I tried uploading the agreement but cant seem to get it to work. I'll describe the agreement in brief. It says the agreement's date, it names me as the lender of the first part, him as the borrower of the second part. Both parties agree to keep perform and fulfil promises and conditions set out in this agreement. 1. Loan amount & interest - Lender lends £2500 (dated). No interest. (remember i'm missing stuff out to just list the important information so I can keep it short) 2. Payment - Payable within 30 days of lender giving borrower a written notice of demand. 3. Default - If borrower defaults , lender may declare principle amount owing immediately. 4. If borrower defaults in payments required after demand for 10 days, security will be immediately provided to Lender & Lender is granted all rights of repossession as a secured party. Security 5. - This loan is secured by the following vehicle (the "security"): Then the vehicle details have been detailed below. 6. This loan agreement is made in connection with the purchase of the security by the borrower, from the lender. The lender will retain title to the security until payment in full made. Once payment made, lender transfers title to the security to the borrower. Governing Law 7. This agreement will be construed in accordance with and governed by the laws of the country of England. Costs 8. - All costs expenses and expenditures including without limitation, the complete legal costs should the borrower default. Binding effect 9. - This agreement will pass to the benefit of and be binding upon the respective heirs etc. The borrower waives presentment for payment, notice of non-payment, protest, and notice of protest. Amendments 10.- This agreement may only be amended by written instrument etc. Severability 11. - The clauses and paragraphs contained in this agreement are intended to be read and construed independently of each other. If any term, covenant, condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforeable and the remainder of the provisions of this agreement will in no way be affected, impaired or invalidated as a result. General provisions -12. - Headings inserted for the convenience of the parties only and are not to be considered when interpreting this agreement etc. Entire agreement 13. - This agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. In witness whereof, the parties have duly affixed their signatures on this (date). Then the name, address & signatures of both me and him and the same for the witness. Thats the full agreement.

I tried asking them but they refused and said me owning the van doesnt matter I wont be getting it back unless he pays. I also think I own the van as the loan was secured on it but its just being 100% sure thats enough to get the van. Im only 5'4 and slim so hate confrontation plus I cant drive that van so id need to get someone to help me if I had a legal right. My brother would just start a fight if confronted so scared of going with him.

It wasnt checked by a lawyer. It was a template you pay for and fill in online and fill in the blanks. It asks to choose whether located in England or Scotland as there is some difference. I don't know if I can 100% repossess the van, thats what I need to know as a fact. The agreement asked for security on the loan and I had to fill in the details of the van bought, reg number make and model and it says if payment isi not made then im legally able to get the of the borrower. If I take him to court when he has no money then im not realistically going to get my money back. His main asset is that van plus if the loan was secured on it im thinking it would be easier to take take possession of it. I don't really know what to do to be honest. I was hoping will be able to say what my legal position is and if I can get possession of the van?

I know he is really going through the problems with the garage because I emailed their head office to say their is a dispute and they confirmed it and said they will not be negotiating with him or give the van back till it was paid for. I loaned him the money (I have the agreement which says if he doesnt pay then I can take the van). He went and bought it himself and gave me the logbook because that is what was agreed. I filled out the logbook and registered it in my name. Current value is between £1200 and £3500 looking at similar vans depending on condition etc. The van is a Sprinter 2006. I thought of moneyclaim online but he really is going through some hard times and I didn't want to land him with a CCJ especially as he's been upfront and is willing to give the van back.

Hi everyone. Im new here and need helpful factual advice for my situation if anyone can help please. The situation is this: In October 2016 a friend of mine needed help in buying a van for his business. We are good friends so I didn't hesitate to try to help out. I lent him the money to buy the van £2500 and at the time my brother said we should draw up a contract and he would sign as a witness. I was a bit embarrassed but my friend was good about it so we downloaded a contract online that said secured the loan on the van and if he was to fail to pay then I could repo the van after giving him 30 days notice to pay. My brother also insisted I registered the van in my name at the time so I have always been the registered keeper. It was a lump sum payment with no interest agreement. He said he would be able to pay in December so that was the understanding. December came but he couldn't pay. We spoke many times and it was always uncomfortable asking for payment back. He said he was down on his luck at the moment and hadn't got the contract he was looking for, He kept asking for more time, I gave him another month and still nothing. My brother said rather than keep asking him whenever I see him what I should do is write a letter to him so he could take it serious. I wrote a letter in February this year asking for payment. He replied to it explaining it was hard and couldn't pay yet but will be paying as soon as. I wrote again in April & then May. I know he is genuinely going through some tough times and he's always been good about letting me know whats happening. He wrote in his reply that he really was trying his best and to be patient. I really need the money to pay my debts and it's causing problems with my brother and other family members. He said the van needed some work and an MOT and he had secured a contract which would bring in the money so he could pay me back. I gave him another few weeks. He then called to say he had problems when he took the van in for an mot. I t failed on brakes and 1 light and the mot said they would see what the problem was and call him to say how much. He said they didn't call when he chased up a few days later they said they had finished and gave him a huge bill of £2500. He's disputing that with them right now and they have seized the van. I wrote to the garage to see of this was the situation and it was and I asked if they could negotiate and they said they were not willing to, it's the money or they hold the van. My brother said to write another letter to him giving him another 30 days to pay finally. I felt bad doing it but I did and he wrote saying he is trying to resolve the dispute but hes not sure how long it would take but no the garage was charging £20 a day storage and to give him more time. I threatened to repo the truck as I do absolutely need the money and I could sell the truck. He said to be patient and he hoped the dispute would be resolved by then. 30 days came and went so my brother said to write him a default notice and give him 14 days to pay. I did and he replied a few days later to the letter saying the dispute is still going on and his way out is to go to court because they refused the offer he gave them for whats reasonable for the job. He said he does.t want to make any more promises of payment and break them. He said he understands it's been a long time coming and as he cannot see a way out and his finances are totally shot. He said he cannot get a hold of the money to pay & he agrees to me taking the van and selling it to get back my money. He said not to bother taking him to court as he agrees he's broken the agreement and he really cant afford any more strains on his finance. He said he is happily giving the van back to me and will pay for my troubles when he is on his feet again & agrees to pay any shortfall. He explained he would have bought the van to me but because it's in dispute with the garage and they have the keys he can't just give me the van. I don't know what to do now or what my rights are if any as the garage won't give me the van neither. My brother said to just go down there and demand the van back showing them my agreement and logbook and he will drive it out. He's a bit of a hot head and I don't want to get anyone in trouble. To date I have not recieved a single penny in payment towards the van. So my question is, am I 100% within my rights to claim the van? Can I get the van back even though there is a dispute on money owing on it between my friend and the garage? Would I have to pay the amount the garage are charging in order to get the van back? That would be pointless as the garage wants the amount of money i'm trying to get back from the van. Finally if I can get the van then what is the legal way to do it considering the garage will obviously not want to hand over the van easily? All help is appreciated.