Editor's Blog1 min ago
Another Car Ownership Question
On the back of a car ownership question yesterday, some of the replies have prompted me to re think my position on ownership of a vehicle.
Long story short.... I apllied for finance for a car that my girlfried at the time was going to be the registered keeper and sole user of. The reason I had to take the finance in my name was because she had a bad credit rating as she missed several credit card re payments the previous year.
Anyway, the arrangement was that she would forward the re payment money in to my bank the day before the finance company took out their direct debit, therefore I was never out of pocket. All worked fine, until we split up about 2 years later (with 3 years left of re payments!)
Now in this case who has ownership rights to the vehicle?
I subsequently paid off the loan and have evidence of this (kept all the bank statements).
Even though we split 3 years ago, do I have a legitimate claim to that vehicle (that she still drives)
Because the break up was very messy I, at the time, cut any losses and wanted her out of sight and out of mind. BUT if I have a legitimate claim to that car, I would now want to pursue this legally if it is worth my time????
Advice greatly appreciated!
Long story short.... I apllied for finance for a car that my girlfried at the time was going to be the registered keeper and sole user of. The reason I had to take the finance in my name was because she had a bad credit rating as she missed several credit card re payments the previous year.
Anyway, the arrangement was that she would forward the re payment money in to my bank the day before the finance company took out their direct debit, therefore I was never out of pocket. All worked fine, until we split up about 2 years later (with 3 years left of re payments!)
Now in this case who has ownership rights to the vehicle?
I subsequently paid off the loan and have evidence of this (kept all the bank statements).
Even though we split 3 years ago, do I have a legitimate claim to that vehicle (that she still drives)
Because the break up was very messy I, at the time, cut any losses and wanted her out of sight and out of mind. BUT if I have a legitimate claim to that car, I would now want to pursue this legally if it is worth my time????
Advice greatly appreciated!
Answers
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There are better legal knowledges on this site than mine but I doubt you have any claim to the car. It seems clear that all parties believed the car was hers and she was supposed to pay for it albeit via your bank account. You had legal title to the debt but not the vehicle.
You probably DO have a valid legal claim against her for the finance payments she didn't pass to you though. The fact she paid it for two years until you split is a very good indicator of an acknowledged liability. Had she never paid anything she'd have a better case for arguing it was a gift. Is she likely to have the cash to be able to repay that? Otherwise you are wasting your time of course.
You probably DO have a valid legal claim against her for the finance payments she didn't pass to you though. The fact she paid it for two years until you split is a very good indicator of an acknowledged liability. Had she never paid anything she'd have a better case for arguing it was a gift. Is she likely to have the cash to be able to repay that? Otherwise you are wasting your time of course.
In short you and your ex. don't have any ownership rights to this car as the DVLA have title ownership of this car,but your ex.is the registered keeper so she has more rights than you do.As to this finance arrangement,you could take further action against your ex. under tort law as she has not kept the agreed arrangement.
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