Ex girlfriend wont give car back!!!!

[MATTYFEZ]

Hi peeps,

 

Hope someone can help, its a rather sensitve problem....

 

My brother owns a car, but he cant drive so his girlfriend has the use of it.

 

For insurance purposes he had to take his name off the log-book and put hers on.

 

They have now split up, and she now seems to think she owns the car, which she hasnt paid a penny for.

She currently posesses and has full use of the car.

 

Obviously getting the car back is going to cause some serious aggro, so I was wondering if anyone has any advice on how to get the car back with minimum fuss.

 

Thanks for any advice:)

[Bookworm]

Well, the fact that she has a log-book doesn't mean she is the owner, merely the registered keeper of the car, and give her no legal title to it whatsoever, so your brother needs to lay the paper trail: How did he pay for the car? Who from? if he paid cash and/or can't find a receipt, maybe the garage or the person who sold him the car can give him a letter confirming the sale, this kind of thing.

 

Then, prelim demanding return of the car, then LBA, the usual (presuming that they are not on speaking terms, reading between the lines?). No phoning or texting, your brother will need to do everything in writing from now.

 

Let us know how things go.

[Helford]

Hi,

 

Not sure on a full response here, but two points:-

 

As DVLA tell us all on the Registration Document (V5C) - Registered Keeper is not necessarily the Legal Owner.

 

For insurance purposes, the car should be insured in the name of the legal owner or else if the car is stolen or destroyed then someone who has not lost any money (i.e. Has not paid out for the car) benefits from a payout. In insurance terms, there is NO insurable interest so that is an illegal contract.

 

Sounds to me as if this is a classic case of 'TWOC' (Taking without the owner's consent). A matter for the Police, but they will probably say it is a civil matter!

 

H

[MATTYFEZ]

Thanks, yep, ownership should be easy to proove, as my father purchased it from his neighbour and will have recipts of some kind plus the neighbour would come forward if nessesary. He then gave it to my brother....so technicly the car belongs to my father.

 

They still kind of speak, so I think best bet is a single written/verbal request followed by a complaint to the police and the small claims route if nessesary.

 

Does he need to speak to the DVLA? I would guess they wont really be interested?....

[Bookworm]

I doubt the police will be terribly interested, TBH, and no, the DVLA won't give a toss, nor should they, it's nothing to do with them, and you need to give more than a single verbal warning, it has to be 2 letters giving 14 days each before initiating a court claim, so as to give the other side "reasonable" time to settle this without resorting to the court system.

[MATTYFEZ]

Cheers for that, I will advise him.

[Conniff]

If you are still in possession of the logbook, what is to stop you changing the registered keeper back to you, you don't have to be a driver to be a keeper.

[MATTYFEZ]

Not sure he is in posession of the logbook, I will ask though, thanks.

[kennythecelt]

For insurance purposes he had to take his name off the log-book and put hers on.

 

This might be an additional angle, complimentary to advice already given to you.

 

Who is paying for this and who is on the policy? If its your brother.............?

[JonCris]

No matter who paid for it the ex girlfriend will claim she understood it to be a gift & the OP will have to prove otherwise or he won't get it back

 

The best solution is to get a set of keys & snatch it without warning - then the onus will be on her to prove ownership which she can't simply by using the reg doc as has already been stated the V5 does NOT establish ownership

 

She would have to convince a court that either she paid for it or it's maintenance or she genuinely believed it to be a gift

 

Oh! & don't forget if you go down this route change the steering lock or buy a removable one because when recovered she will still have a set of keys