Ex Girlfriend Will Not Return Car

[NickyB99]

I'm in a bit of a pickle !
my ex is refusing to return my car,the car is registered in her name,she has the only key,she is saying the car is legally hers which we both know isn't the case.we didn't sign any agreement to say ownership has transferred to her.

i swapped my original car for the car in question,I don't have a receipt but have a few ebay emails leading up to the transaction saying we are both happy to swap,I have asked the fella for a receipt,keeps saying he has sent 3 but nothing has arrived.would the emails be enough proof?

I have started a letter asking for the car,keys and docs and an offer of a goodwill gesture (£500) and suggesting it would be cheaper to go to court for me,but more expensive for her.I have set out the letter to try and adhere to the pre-action protocols or practice direction.I really dont want to go to court but I think its my only option.I am worried she will sell the car in the meantime,Then what?

[boxtops]

Who's got the V5 (DVLA registration document)? - whose name does it show on that? Receipts are all very well but the V5 will show the registered keeper of the car.

[factor-fiction]

I'm not sure why it was it in her name? However that only shows the registered keeper- that needn't be the legal owner I think

[hc4361]

You may be able to prove that you paid for the car but can you prove that you didn't give it to your ex as a gift?

Why is she the registered keeper?

[hc4361]

Registered keeper and owner are not the same thing.

[Zacs-Master]

A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.

He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).

The DVLA make a point of saying that the person named on the registration document is not necessarily the owner.

[furrypusscat]

Whose name is the insurance in. Doesn't the owner have to insure it?

[NickyB99]

Insurance is her name,v5 in her name,we made no official gift.

i am aware of the owner keeper stand with the dvla,I have emails as proof of my ownership but will a judge accept them?

I have copies of texts saying she will return the car and another how much to buy it and another to say she is keeping the car

really need to know if i will be awarded by a judge,she cant prove it was a gift

[NickyB99]

I have ebay emails between myself and the previous owner with description of the car and saying we are both happy to swap

[hc4361]

That's the tricky part. When she insured the car (unless it was specialist insurance) she will have stated that she owns the car. It is very difficult to insure a vehicle that you do not have a financial interest in.

If she stands up in court and says it was a gift from you, she is the registered keeper and the car has never been insured by you and she has always insured it, then it will be hard for the court to find in your favour.

You can prove you paid for it but you can't prove you didn't give it to her as a gift.

[Zacs-Master]

but the owner is the person who put up the cash (or was given it as a gift).

The above is from the Ask the police website.

[furrypusscat]

It is a difficult one but as everything seems to be in her name having paid the insurance etc, and is responsible to DVLA with regard to any fines due to registration document being in her name, I would think that she will be deemed the owner.

[Zacs-Master]

No you're not. Are you saying the police are wrong?

[hc4361]

Who are you addressing, ZM?