Ex Partner Claiming She Owns My Car

[waringdmask]

rob Having looked again at the statement of costs form N260 it has the following written on it-

Statement of Costs (summary assessment) (CPR PD44 9.5)
(interim application/fast track trial)

I have also just looked again at the hearing notice from the 21st October and no track was allocated at that point. The judge on the day directed it on to the small claims track and referred us to CPR 27. There is definitely no order for costs.

As to your quick thought number 1. I thought at the time I received that letter that it was basically a demand for money with consequences. Much like the claimant's original demand for conveyancing fees which resulted in her making the claim for the car. I will make a decision on my course of action in the next few days.

Quick thought number 2. The car was absolutely a gift, the receipt is in her name as she paid for it which is usual for someone buying a gift. The logbook is in my name and I have paid all running costs tax/insurance/fuel/maintenance and repairs. She isn't and never has been included on the insurance policy nor driven the car. She did have her own car which I was a named driver on her policy for that car although she claims she only used it for work purposes. She claims she is insured to drive any car but I think she's referring to the driving other cars section of some insurance policies. If so then that isn't enough to drive other cars. Having read my policy documentation it says I can drive another car as long as it isn't owned by me and it is an emergency. The cover supplied is only third party. As well as having the video which I transcribed in to my defense statement I also have a text reply to her from myself which is basically me acknowledging the gift. I have referenced the fact the car was given and accepted as a gift in my defense statement and need to add the text to my exhibits. The current court order states that all documents which will be relied on in court should be presented to court and the other parties by the 24th November, is this an opportunity to add the text to my exhibits? as I will be relying on that as well.

I will type up the particulars of claim and the defense over the next few days as I would really appreciate your views on the whole thing and you may perhaps spot some weakness in her claim that I have missed.

Thanks again for the replies, the different perspectives are really helpful to me.

[waringdmask]

Des rob

I have emailed the following to her solicitor-

*Without Prejudice*







Dear Solicitor,



In reply to your letter dated 10^th November 2021.



I have full confidence in defending the claim against me yet I agree with your client that I would like to get on with my life without the distraction of a court hearing. I would point out that the small claims track comes under CPR 27 and therefore any costs awarded will be limited.



In August your client contacted me about an item of property she had left behind which I duly returned to her. As we appeared to be on speaking terms at this point, and it was your client who initiated contact, I took the opportunity of offering to negotiate with her in order to try and reach a settlement before things (including costs) got out of hand. This came from a place of care rather than obligation but it was well intended. Unfortunately your client refused my offer even though her costs would have been considerably less at this point.



Taking this in to account plus how much your client won’t have to pay in further costs if we settle this quickly I will make a counter offer of full and final settlement.

• The car remains my property
• I pay £0.00
• This offer is in full and final settlement of all of your client’s claim against me

I am always willing to negotiate and would ask that your client contact me directly in accordance with the order made in the Notice of Allocation to the Small Claims Track. And also to avoid incurring more unnecessary costs on her part.


I can only wait and see how things pan out and in the meantime I need to prepare a witness statement.

[echat11]

des8 (I'm practicing getting it right) R0b

[R0b]

This is how I would word a response using your draft as a template but note this is an example so you can go as aggressive as you like. You can omit the paragraph about reporting to the SRA if you like but it does seem that they're trying to taking advantage based on the way the letter is worded but hey that's just my view.

Dear Solicitor,

I am writing in response to your letter dated 10 November 2021 offering to settle this dispute.

First, I would like to point out that your reference to CPR 44.2(4)(c) is misleading because this matter has been allocated to the small claims track when the judge made such an order at an earlier hearing on [insert date]. However, as you will no doubt be aware, disputes allocated to the small claim track allows for limited recovery of costs in accordance with CPR 27.14, and makes it explicitly clear that a court may not order a party to pay the other party's costs except in the circumstances listed. It seems to me that you are attempting to take unfair advantage of a litigant in person with limited knowledge of the procedural rules by suggesting that CPR 44.2 applies to this case and, if I don't accept your offer then I will be threatened with the possibility of indemnity costs for failing to accept it - you should be fully aware of the fact that the rejection of an offer on its own does not warrant or otherwise constitute a right to costs on an indemnity basis on the small claims track. Nothing in your letter explains why you feel that your client is entitled to costs on an indemnity basis other than a mere failure to accept the offer. Frankly, unless you can provide a satisfactory explanation, I am minded to report you and your firm to the SRA for breach of rule 1.2 and 1.4 of the SRA Standards and Regulations, Code of Conduct for Firms and for Solicitors.

I genuinely believe that your client gifted this car to me and her claim is, in my view, frivilous at best that was issued out of spite as a result of our break up. The onus is on your client to prove that the car was not a gift but I believe there is plenty of evidence that disproves your client's allegations in addition to the lack of credibility based on the statements of case. For these reasons, I do not believe your client is owed anything and your offer is rejected though I would invite your client to discontinue the case to prevent further unnecessary costs to be incurred. Should your client persist in bringing this claim, then I will defend this to the end.

I trust this clarifies my position on the matter.

Yours sincerely,

[Your name]

[waringdmask]

[QUOTE=R0b;n1597085]This is how I would word a response using your draft as a template but note this is an example so you can go as aggressive as you like. You can omit the paragraph about reporting to the SRA if you like but it does seem that they're trying to taking advantage based on the way the letter is worded but hey that's just my view.

And a very valid view it is too. I am in awe of this and wish I had not just sent off my inferior response. I will however use this if it would be valid as a stand alone argument separate from the claim?

[des8]

Not just R0b's view.
As in post 5 it is a scare tactic that I have come across previously.
I doubt it (at least that has been my experience) worth wasting time reporting it to SRA, as they seem to take no notice but you can always hint at it as that does tend to bring the solicitors into line!

[MIKE770]

SRA pass you onto law society who advise conract SRA erx etc etc

[waringdmask]

PARTICULARS OF CLAIM

1. The Claimant and defendant have known each other for around 27 years. Over the years, the Claimant and Defendant lost contact. However, the Claimant and Defendant commenced a relationship at the end of June/July 2020 when the Defendant contacted the Claimant via Facebook.

2. on 19 November 2020, the Claimant received the sum of £90k+ in respect of the death of her husband ("the payment"). This was under a death in service policy. The defendant was aware of this.

3. Immediately following the receipt of the payment, the Defendant informed the Claimant that given the Defendant drove her car, a car, for work purposes therefore increasing the cars mileage, wear and tear etc. that it would be a good idea if the Claimant purchased an additional car for social purposes/days out. To that end, the Defendant sent the Claimant adverts from Auto-Trader of cars for sale. One of which was a nice car, registration MY CAR ("the nice car")

4. The Claimant therefore purchased the nice car on 23 November 2020 for the sum of £9k-ish from Car Dealer in Car Dealer Land. The Claimant paid the entirety of this sum. A copy of the Claimant's bank statement evidencing the payment is attached at page 1 of exhibits. A copy of a message sent by Car Dealer confirming the payment is attached at page 2 of the exhibits.

5. The Claimant did not purchase the nice car for the Defendant as a gift. The Claimant bought the nice car for her and the Defendant to jointly use. The Claimant intended to be the sole owner of the nice car and is the owner of the nice car.

6. The Defendant then persuaded the Claimant to put the log book in the Defendant's name as the Defendant informed the Claimant that without this the Defendant could not obtain insurance.

7. The fact that the log book is in the Claimant's name does not mean that he is the registered owner. This is made clear on the face of the V5C log book, where it states "This document is not proof of ownership".

8. It was only when the Claimant received the payment in respect of her husband's death that the defendant persuaded the Claimant that she needed a new car. The Claimant avers that this is no coincidence.

9. The nice car now has a personalised number plate, registration MY CAR.

10. The Claimant and Defendant's relationship ended on 8 June 2021.

11. The Claimant has the nice car in his possession<<<If that's true then there's no claim to answer

12. The Claimant has requested that the Defendant return the nice car. The defendant refused to do so. Instead the Defendant responded and suggested that if the Claimant continues to request the nice car, that he has "90k+ reasons to go public". Given that the Claimant did not want it to be widely known, including keeping it from her family, that she had received the Payment (and the Defendant was aware of the Claimant's reticence in this regard), the Claimant avers that this was clearly a threat by the Defendant to make it widely known that the Claimant had received the Payment if she continued to request that the nice car be returned to her. The Claimant considers this threat to be blackmail.

13 Therefore the Claimant instructed The Solicitor. The Solicitor sent a letter of claim to the Defendant on 30 June 2021 requesting the delivery up of the nice car or the payment of £9k+ to the Claimant within 7 days. A copy of this letter is attached at pages 3-5 of the exhibits.

14. The Defendant responded to the letter and refused to return the nice car or pay the Claimant the sum of £9k+

15. The Claimant considers the Defendant's refusal to return the nice car as theft.

16. As the Defendant has refused to return the nice car, the Defendant has been enriched at the Claimant's expense. The Defendant's enrichment was therefore unjust.

17. The Defendant is required to deliver up the nice car to the Claimant's home address within 7 days of the date of judgment.

18. Alternatively damages for conversion for the value of the nice car in the sum of £9k+

AND THE CLAIMANT CLAIMS

(i) An order for delivery up of the nice car
(ii) Alternatively, damages in respect of the value of the nice car at the time of conversion for the value of the nice car
(iii) Costs
(iv) Interest on the value of the nice car from the date of conversion until delivery up at such rate as the Court deems just and pursuant to s.69 of the County Courts Act 1994.

So as you can see no real proof of anything just a lot of repetition to pad the claim out. I'm going to bed now so I'll type up the defense tomorrow or Friday. I would have typed up the Letter of Claim but it appears to have been written by a 5 year old. I'd be interested to read peoples initial thought's on this.

[R0b]

It's a he said she said situation and it's up to the judge to decide which person is more believable. I think these types of situations the presumption is probably going to be against you since she purchased the car so this is why you need to build up your evidence to contradict what she is going to put forward in her witness statement as evidence.

Anything you can supply to diminish her credibility should be included such as your mention of tax/insurance/V5C/maintenance and repairs etc. if you can evidence these receipts/invoices and show against your bank statements I think that would help put a good argument together hat she had no interaction or use of it. I would also look to sow doubt into the judge's mind that she isn't on the insurance policy, not even as a named driver and this is quite normal because you would be covered fully comprehensive. It would be strange why you would use a car for social purposes on a more regular basis than your 'work car' and rely on the fact you only have third party fire and theft cover or something equivalent.

Text messages, facebook or other social media photos you are able to find that shows her using that work car in a social or domestic setting could also help to discredit what she is saying. The video would help as well and maybe add some weight.

Have you prepared your witness statement and am I correct that it needs to be submitted on or before 24 November? I would suggest you focus on that as priority because it does take quite a few hours to put that all together and write it up, bundle your evidence etc. You don't want to be giving her reasons to argue your evidence shouldn't be admissible because you failed to file it.

[waringdmask]

It's a he said she said situation...

Thanks for your input Rob I'm beginning to see your perspective now. You would have helped massively from a much earlier stage if I'd learned how to use the forum properly. I'm hoping you can help me out again here. You're quite right in saying I have a current deadline of 24 November to enter documents and statements etc. but yesterday I missed an appointment with a support group who will help me draft these. I have rescheduled the appointment for 1 December but need to apply for a deadline extension. The only reference I can find is CPR 3.8(4) and I wonder if you or anyone else could explain how I action this?

As to diminishing her credibility I have confirmation emails for 2 lots of road tax also shown on bank statement. A repair bill for discs and pads plus replacement batteries in a remote key fob which I paid partially by debit card and also a smaller amount by credit card. Both payments show on the respective account statements. I also fuel the car once a month and pay on credit card

Also your mentioning the insurance aspect I think it might be important that she claimed to use her car for work purposes, but it's a convertible and her policy only covered her for SD&P. I was a named driver on her SD&P although she claimed adding me was just to lower her premiums.

Just going through social media accounts now to see if there's anything else I can use. I will type up all other paperwork when I finish work this evening hopefully when it's all compiled with all this new stuff I'll have a strong defense.

[waringdmask]

I have emailed her solicitors this morning asking them to agree to a 14 day extension to the 24th November deadline. From what I can gather this is normal practice. I have rescheduled the appointment with the support group but they can only help me to draft my statement in a format suitable for court, they cannot give me legal advice or consider my case at all which is why I'm here.

This is the defense I filed with court

1.I had sporadic contact with the Claimant over the last 27 years and I reinitiated contact in April 2020 via Facebook Messenger (screenshot attached at A of exhibits). We met up for a breakfast date around 4 weeks later and our relationship blossomed from there, well before the timescale of the end of June/July and significantly before the untimely death of her husband as mentioned in the letter of claim.

2. I was aware of the Claimant receiving the Payment.

3. I did not at any time inform the Claimant that she needed another car for any purpose, she had purchased her convertible only 2 months prior to the payment and I had my own car. Nor did I send any adverts to the Claimant. As the nice car had covered almost 82,000 at it's most recent MOT test on 18th November 2020 and not having reached 6 years old it would be considered high mileage. Also the fact I recently spent £500 having discs and pads replaced, having covered less than 4,000 miles myself, would suggest this was the wrong car to avoid mileage increases or wear and tear etc. had that been it's purpose.

4. There is no dispute as to who paid for the nice car, it is normal for someone giving a gift to make the purchase of it. I have the original receipt in my possession along with other documentation such as service history and MOT certificate, because it was given to me with the nice car.

5. The Claimant did purchase the nice car as a gift, there was never any suggestion that it was for joint use. The Claimant has never driven the nice car nor held or been included on any insurance policy for it. However, I was a named driver on the Claimants insurance policy for her convertible, surely if the nice car was intended for joint use and her sole ownership the sensible thing to do was include the nice car on her own policy which would have covered us both. I have 2 text messages from the Claimant where she clearly differentiates between 'my car' and 'your car' The messages are attached at B and C of exhibits. I also have a video sent on 23rd November 2020 and the Claimant can be clearly heard saying " Hi Defendant just letting you know me and mother are having a play in 'your' car"

6. I did not persuade the Claimant to register the nice car to me, the purchase was made without my knowledge to be presented as a surprise gift. I already had insurance and a picture of the number plate was sent to me by the Claimant so that I could swap it from my Ford Focus (picture included at D of exhibits).



7. I am fully aware that a V5 document is not proof of ownership and in any case the selling dealer would have filled in and posted the V5 at request of the Claimant. I had no contact with the Dealer nor did I instruct the Claimant.


8. The Claimant had only recently purchased a new car around 2 months prior to the Payment so there was no reason for me to persuade her to buy another, and I did not.


9. The personalised number plate MY CAR was bought as a gift by the Claimant for use on the nice car. I have attached copies of the invoice for the number plate at E and F of exhibits. A copy of a text message received from the Claimant and reads “Wow( £Exact value of claim plus private registration) in two day on my man must be crazy haha” is attached at G of exhibits.

10. Our relationship ended on 11th June 2021 after I invited the Claimant to my home for a meal and to talk although the Claimant did move her things out and informed me a van had been organised for the rest on 7th June 2021. The nice car was not mentioned. I have a string of messages dating from the 7th June 2021 through to 15th June 2021 and the only mention of the nice car is on the 12th of June when the Claimant states “but I will need your car otherwise it will take me days haha”

11. I have had the BMW in my possession since 23rd November 2020.

12. The Claimant had never requested the BMW from me until the Letter of Claim to which I replied via Email and that is the only time I received that request. The claimant did make a request for £1,500 from me and stated “I will never contact you again I promise but I need this. You can keep everything but I need this” (message attached at H of exhibits). After garnering no response from me the Claimant then sent a second message stating that because I ignored her request for money she was going to a solicitor and taking the car back. Message attached at I of exhibits. The Claimant has said that her family are already aware of the Payment as are her work colleagues and friends so I’m unsure how much more widely known I could make it.

13. I received the Letter of Claim from Solicitor, this is the only request I have received regarding the nice car.

14. I refused the request made by Solicitor on behalf of the Claimant for the reasons given in this defence.

15. I disagree with the Claimants consideration. The BMW was given and accepted as a gift and the Claimant relinquished all control of the BMW by never using it. No conditions were imposed or implied at any time.

16. I have refused to return the nice car as it was a gift. I passed my old car on to my son and when it became clear it would not pass it’s MOT on the 30th December 2020, the Claimant forwarded £x,000 to my bank account in order to purchase a replacement for him. There was never any intention to go back to my old car as I own the nice car. Screenshot of bank transfer attached at J of exhibits.