ex driving my vehicle without my permission

[newkidintown]

hi, this is quite a long story but i will keep it brief.

 

i split with my ex at the end of January.

 

when we were together i got a new car and i had no problem with her driving my old car while we were together as hers had seen better days.

I continued to pay the insurance on it and also the loan on it.. so all she had to pay was for fuel.

 

When we split she said she would pay me an amonut per week to cover what i was paying on the loan for it (this loan ends jan 2015).

 

However, and as of today, no payments have been made to me despite me chasing her for it.

 

This lead me to inform the police of the situation as i felt technically she is now driving a vehicle without my permission.

 

I also cancelled the insurance on it when we split, but gave her notice of this to allow her to insure it herself.

 

When i contacted the police and explained,

their initial enquiries showed it looked as though the vehicle was not insured

and they said she admitted she was driving it

but that i had "gifted" her the car (which i hadnt, id only let her use it while we were together to give her time to get her own).

 

the police advised that this was irrelevant as the log book and loan for the car were in my name.

 

However when the police heard an "agreement" was in place where she would pay so much a week for the car

they withdrew the legal support saying this was now a civil matter as technically because she wasnt paying this had caused the problem.

 

Although not the ideal thing to hear,

it leaves me wondering what next..

 

I want to cover myself legally,

 

i dont want to let her have the vehicle as im already paying catallogues which were in my name for goods which she has kept in her house (this i dont mind).

this exceeds the value of the vehicle.

 

But the situation is this..

I have a vehicle in my name,

im paying an outstanding loan every month on it,

and it appears (according to the police) that it isnt insured.

 

How can i either get my car back, or get it scrapped or something so that it is off the road?

 

The tax runs out end of september so could i declare it SORN

then if all else fails and let DVLA know of the situation?

 

PS i also dont have a spare key so i cant just go and take the vehicle.

 

Any advice appreciated.

[Feebee_71]

You could already be accruing problems as, from some point in the past (can't remember the date) you not only have to have a vehicle taxed you need to have it insured otherwise you're not complying with the new rules and could be penalised for that.

 

On the matter of the car (and I'm by no means an expert on legal issues so apologise in advance if this isn't the best course of action to take - other, more knowledgeable people will be along soon) I think you need to send your ex a letter headed 'letter before action' stating that you had previously agreed with her that she could continue to use the car if she made payments to you of xx per week/month to cover what you were paying out; that you had previously informed her that you had cancelled the insurance and that she would be responsible for arranging relevant cover for herself for the vehicle. Tell her that, as of xx date, you've yet to receive any money from her as agreed to and that you want the money by a set date (allow 7-14 days) or you will instigate a claim for the value of the car and agreed payments.

 

Good luck,

 

Feebee_71

[newkidintown]

thank you Feebee

[dx100uk]

you could always check the MIB data base to see if it is insured yourself.

 

if its not

and the police find/take now take it

 

you could find it crushed.

 

dx

[debbbbsy]

If you know were the car is, you own it, you have the log book and are liable for the loan, take possession immediately.

 

Unless you have a written agreement with her, she has no legal entitlement to retain the car. The police were wrong to walk away.

 

Contact a local garage and arrange to have it removed to a secure place. If she wants it back, she'll have to take on the loan and pay the costs. If not sell it or hand it back to whoever you owe the money too.

 

Simple.