car ownership

[trish1234567]

My daughter's soon to be ex-husband has a car on which she has been making the monthly bank repayments in her name for two years. Because it was a five year loan, she has another three years to go. However, her ex has been abroad for two months and she does not know where the car is, but she does have in her possession the UK registration certificate although it has his name on it. She has never had use or possession of the car and although he promised to transfer payments monthly into her bank account, she is still awaiting the first one. The monthly repayment of over £423 is more than her mortgage.

My question is (a) can she claim ownership of the car as he has never made one repayment on it and there was never mention of a 'gift' and (b) should the car be in a garage awaiting repair, stolen or worse, can he claim any 'compensation' for himself? Thank you for any help.

[philkool]

As it appears you are the account holder and the loan from the bank is in your name the debt is yours.
But the log book being in his name is unimportant as he was just the user not the owner so your only problem is finding the car and selling it to pay off the loan.

[boxtops]

I thought the name in the log book indicates the Owner of the car, no matter who is paying for it? That's why we always have to produce the log book for official purposes etc., to prove you own it?

[boxtops]

^^ Log book says the man is the registered keeper of the vehicle, as far as DVLA is concerned he's the owner, IMO.

[sir.prize]

A V5C (log book) states This document is NOT proof of ownership. It shows who is responsible for registering and taxing the vehicle.

[supapapa]

The owner of the car does not have to be the registered keeper.

[Mamyalynne]

You said it Boxy 'Registered keeper' not the same as owner which the young lady should have no issue proving.

[boxtops]

Thanks sir.prize - so the loan company actually owns the car until it's paid for?

[Andyvon]

But the ownership and use of the car wouldn't be of interest to the bank. All they care about is whose name is on the loan as they will be the ones expected to maintain the repayments.

I don't think your daughter can claim ownership without the consent of her husnad Trish. I don't think he could claim compensation either. I think the problem is that your daughter is still liable for the loan and will be until it's paid.

[philkool]

The registered keeper is not the owner or it would say the registered owner but as trish,s daughter has taken out a bank loan for the car the bank may help her if she explains the situation.

[ummmm]

That's right Boxy..

[philkool]

Maybe she can report it stolen ?

[boxtops]

Except it's not stolen, it's his name on the log book?

[trish1234567]

so ......... could she take possession of the car if she can find its whereabouts?
and would the garage or whoever let her take it away? Also, could the ex pocket any compensation? Sorry, still not quite clear. Never had to deal with such a situation before.

[Andyvon]

I think if they are married then Trish's husband has every right to the car, especially if his name is on the registration document. That's regardless of whether he drives the car or has it stored. Because they are still married Trish's daughter is still liable for the payments. It might not seem fair but I think that's where they stand. It's his car and she's his wife.

[trish1234567]

No finance company concerned. It was a bank loan.

[boxtops]

That's what I understood Eddie, it belongs to the organisation who has provided the funding until the loan is paid off.
Trish, not sure what you mean about "compensation"? how could the ex claim anything if he has never paid a penny towards to the use of the car, he's had a freebie all these years?

[Andyvon]

That's my reading of it. Trish's daughter and her husband purchased the car outright with a bank loan which they agreed to repay over 5 years. The car belongs to the husband as his name is on the document but Trish's daughter is liable for the payments (as far as the bank see it).

[philkool]

Do you know its in a garage ?
Is it a bank loan for buying a car or does she pay a loan company through the bank ?

[philkool]

What document ?