car ownership law

[hcddurkin]

I own a car, the log book etc is all in my name, however, i bought the car from my father and paid monthly for the car. He now claims i still owe him money for the car. This morning i woke up to find my car missing and a text on my phone saying he had taken it as i "breeched the conditions of our agreement". Could somebody please tell me my legal rights on this subject?

[factor-fiction]

Is he insured to drive the car? Is he a named driver?

[Rollo]

If you have not paid for it in full then you don't own it. Whose name it is registered in is irrelevant.

[hcddurkin]

Perhaps you could read my question again, i have paid for the car, unfortunately 300 pounds of the payment was by cash with no receipt and he is now claiming it hasn't been paid, due to disagreements. he is not an insured/named driver of the car.

[Ethel]

Report it to the police as stolen. Or go and get it back yourself.

With the log book in your name, and insurance and so on, it is going to be very hard for your father to prove any kind of ownership of the car.

Without a written agreement regarding the loan and repayments he will find it difficult to enforce repayments.

Even if he has his own insurance to drive other cars not belonging to him, this is only valid if he is driving with the owner's consent, so he could be prosecuted for driving without insurance as well as 'taking without consent'.

[kempie]

Likewise, even with the log book in your name and insurance and so on it would be just as difficult for you to prove ownership of the car.

As previously stated, keepership (and all the documents listed above) has no bearing on ownership - it is indeed irrelevant to who has legal title to the car.

[factor-fiction]

I asked about insurance because if he isn't insured then you could threaten to report him for driving without insurance

[Stu Dent]

The question turns upon the issue of ownership. Who CURRENTLY owns the car? You say that you do. Are you sure? When does property pass? That's the real issue at stake here.

The TERMS and CONDITIONS of the CONTRACT should show when ownership should pass. Being the registered keeper is distinct from being an owner. You can be the registered keeper of a million cars and own none of them. ROLLO is on the right lines in his advice (above). Sure he/We believe you, but can you prove it?

Being a registered keeper MAY give you a presumption of ownership but that presumption may be very easily rebutted by the T & C of the contract. So that's your starting point.

If the contract shows that you had to do X before aquiring ownership, and you failed to meet that contractual obligation, then reporting the car as stolen may (though it's unlikely) give rise to a charge of wasting police time. If you go and drive it away you then you could be charged with theft. So be very careful.

I am not doubting your integrity. I am just warning you that being the keeper does not make you the owner, and that you may have no legal right to the property, however much this may be at odds with your position morally. If you are not the owner and you take possession of that car without the owners permission then it is you who commits theft.

If you are in the right I suggest that your remedy lies in a 'Breach of Contract' action - supposing you can prove the breach. Do not drive away the vehicle!! Being morally right doesn't make you legally right. So don't get mad, get even!

[MJTER77]

I GOT A CAR THROUGH A FRIEND OF A FRIEND. WE HAD A NUMBER AGREEMENT AND PAYMENT PLAN SET UP.I SIGNED A NOTEBOOK PEICE OF PAPER STATING THE COST AND MY PAYMENT PLAN.IT WAS NOT NOTORIZED AND THE TITLE IS IN MY NAME CLEAR OF ANY LEINS.NOW IM ALMOST DONE WITH THE CAR AND THE PERSON IS SAYING I OWE MORE THEN THE ORIGINAL AGREEMENT .IVE ASKED FOR COPIES OF THE AGREEMENT AND NOTING HAS BEEN GIVEN.HES CLAIMING ITS MORE NOW BECAUSE HE WANTS INTREST.I KNOW THE AMOUNT HES SAYING IS NOT THE AMOUNT I AGREED WITH.COULD HE HAVE CHANGED THE AGREEMENT .I DONT HAVE A COPY?