Car that belongs to me but registered to family member towed away

[fx6]

Hi guys,
I hope you can help me!
I have given a car that belongs to me to a family member to use (only to use, the car is still mine) since 2013. The car was also registered in their name at the same time. The lady has gone back to her country last week. Yesterday she arranged for the car to be dropped off by her friend to a retail car park opposite quick fit for me to collect latter so I can take it to Quick Fit for an MOT when I collect it, because it hasn't been MOTed for a few months. When I went to collect it it wasn't there. I just learned that it has been taken by bailiffs. Can you help?

[R0b]

Re: Car that belongs to me but registered to family member towed away

Why didn't you just add your family member as an additional driver instead of her as the registered keeper? You are going to have to prove that you agreed the car still belonged to you when you allowed her to use it. The fact that you allowed her to be the registered keeper instead of yourself does not help your situation in any way. The bailiffs (if done correctly) would have done a check on the vehicle and if it was registered in her name could reasonably assume that she owned the vehicle and was not borrowed.

It might be an uphill struggle on this one and if you don't have any evidence that this was the case then you might be out luck.

Maybe a lesson to learn, if you are going to allow a car to be used, make sure the registered keeper is yourself add anyone else as an additional driver.

[fx6]

Re: Car that belongs to me but registered to family member towed away

She lives at a different address and I though best to be registered in her name at her address. I have an invoice in my name from a company I bought the car from 6 years ago and I also did a letter of consent for her to use the car when I gave her the car.

[wales01man]

Re: Car that belongs to me but registered to family member towed away

Did she sign the letter of consent?
the Bailiff might not believe the invoice from 6 years ago after all you could have invoiced her for cah since then?

[R0b]

Re: Car that belongs to me but registered to family member towed away

Did she sign and date it or was it a simple letter which states that you allowed her to use the vehicle but not own it? Can you get in touch with her and have her confirm in writing that it was agreed between both of you she would be using the car and that she did not actually own it. What about any text messages or emails confirming that she would return the car to you at the garage for MOT?

Being the registered keeper is not proof of ownership but confirms who is using the vehicle, so you may have an argument, the question is whether or not the bailiffs have already sold your vehicle on. You will need to write to them immediately and put them on notice saying you have become aware that the vehicle was taken away and that you are the true owner of the vehicle. Any attempt to sell the vehicle will be treated as interference of goods and you reserve the right to take legal action against them. Send them a copy of the invoice of the car purchased along with the letter and also any additional evidence you can offer to them.