who is the legal owner

Discussion in 'Lounge' started by dave d, Mar 16, 2012.

  1. dave d

    dave d Elite Member

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    My daughter has just split from her partner. they got a car on finance and have 18 months still left to pay. the finance is in her name and the payments come out of her sole account. however, the log book is in his name. I know that just because his name is on the log book does not make him the legal owner. she needs him to return the car but he wont. HENCE she is paying for a car that she has not got. The finance company do not want to know and basically say tough she is still responsible for the payments. can anybody advise? Regards Karen, Daves soon to be wife :)
     
  2. bluekontakt2004

    bluekontakt2004 Active Member

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    go to the CAB. they will give you better info than any of us can.

    The v5 isnt prrof of ownership, it just shows who is responsible for taxing it.
     
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  3. Garyb

    Garyb Moderator.
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    I guess that's why they say registered keeper? Never knew that. Cheers. :)
     
  4. Freedom of choice

    Freedom of choice Elite Member

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    My opinion would only be based on Judge Judy so I don’t feel i am qualified to give a view but I don’t think the V5 is proof of ownership. Think you need to take professional advice on this one.
     
  5. dan.1moore1

    dan.1moore1 Senior Member

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    Im sure the log book says on it " not proof of ownership "
     
  6. Fletch

    Fletch Active Member

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    It does!!

    If she has all the documents that relate to paying for it in her name, including receipt and finance agreement ... It's hers!

    Those are proof of ownership not the V5!

    Go Clamp it!! <- Joke!
     
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  7. Gazza13

    Gazza13 Member

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    I went through this when I got divorced four years ago!
    I had a personal loan which paid for the car which was in my name but the car was in my ex's name!
    I had to pay the loan and she got the car!!!
    Solicitor cost me a fortune and where a waste of time!
    Good luck with it!

    Thanks
    Gary
     
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  8. SIDEWAYS

    SIDEWAYS Senior Member

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    The legal owner is the finance company.She is hiring that vehicle until it is paid for in full.If she contacts the finance company they will instruct a solicitor to ask for it to be returned to you.They normally ask for it to be returned within 14 days.If he doesn't then they can call the police to attend a snatchback anywhere the car is.It will not look good on him if they snatch it whilst he is at work.I've seen this happen twice and it is hilarious to watch.
    If the finance company doesn't want to get involved then I would suggest if she has another set of keys to snatch it and then use an immobiliser/steering lock so he can't use it.
     
    #8 SIDEWAYS, Mar 17, 2012
    Last edited: Mar 17, 2012
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  9. Carl

    Carl Well-Known Member

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    Give consumer direct a call then you will know for sure. The finance company own the car and you can have it returned to them as the loan payer.
     
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  10. slowr1der

    slowr1der Active Member

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    If its a fairly low value vehicle ie below 2 grand I don't think the finance company will bother getting it back for you, that's not their job.

    Possession is 9/10ths of the law, this is a civil case that would need to go through the civil courts in which fees are involved.

    Good luck with it and if its any consolation my ex wouldn't give the car back despite me having and still paying finance on it. She did eventually give it back after the turbo failed, she crashed it and it was worth nothing to me
     
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  11. dave d

    dave d Elite Member

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    thanks for the replies. been to see a solicitor and the upshot is to make him an offer of £500 to £1000 to sign the car v5 over to my daughter and try and bluff him that its that or nothing and the car will be repossed. just gotta try and bluff him out.....hopefully with a grand his eyes will be on stalks!
     
  12. BlackDevil

    BlackDevil God Like

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    Hi Dave!

    I talked to 2 Solicitors yesterday and both told me that the legal owner of the car is definitely your daughter because, as the payments come out of her account and it doesn’t look like he paid anything for the car.
    If this bloke doesn’t want to give back the car, the only way to get it back is to report it stolen. Only then the police have to get involved, otherwise they wouldn’t do anything.
     
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