Gifted a car?

[Kenya]

Hi there, I'm looking for some advise on my situation. I met someone around 4 years ago, he was very wealthy and would often buy me gifts. Gifts that I never asked for. It turned in to a kind of 'sugar daddy arrangement' I suppose, although I'd like to point out there was no sexual intercourse involved whatsoever and he was aware that this was not on offer.

i told him I did not want a boyfriend, it was more of a friendship, but often when we met he would have expensive gifts for me.
Around 2 years ago I had trouble with my car. There where problems with the electrics and often needed jump staring.
He offered to buy me a new car. He was buying himself one at the same time from the same garage.
He took me for a test drive, he took me to choose the colour and extras. He gave it to me as a gift. He said because he wanted me to be safe in a car that was reliable. The car was delivered to his home and he sent me several messages trying to arrange for me to collect it.
When I went to collect it he showed me around it and handed me both sets of keys and all the paper work. I was very grateful and thanked him for his generosity.

18 months later, I still have the car, it's been insured in my name and parked at my house since the day I was given the keys. He hasn't driven it.
I have all dvla forms and log book, but the car is in his name.
After losing some interest in me over the last 8-10 months he's communication got less and he told me he'd paid for a young female and her family to have a holiday in America and got the same female and her friends tickets and backstage passes to concerts and after parties. Then he mentioned another female he was helping out through a hard time, so I kind of got the message he was moving on from our friendship.
However - today he has messaged me telling me he needs the car back due to not paying the finance.
Bearing in mind is home is worth over 1 million, his land 250,000£, his own car around 100,000£ plus other vehicles and businesses.

I have paid for a hpi check on the vehicle which shows it as having outstanding finance.
I have asked for him to transfer the finance agreement and vehicle in to my name so I can continue to pay off the finance loan. He said that isn't possible and he'd already asked.

Where do I stand legally? Can a financed car be given as a gift without full ownership? Or is his gift a promise of making the payments.
I have numerous messages from him saying it's my car i.e. - I hope you enjoy your new car, I'm happy you are safe in your new car, etc etc

[R0b]

Re: Gifted a car?

Legally, the likely answer is going to be that you will need to hand the car back. There is a general rule about ownership and that is no one can give good title to another except for the owner themselves. As the car is on finance, legally speaking it is not his but the lender's.

There is the exception to the above rule which is if the goods have been purchased in good faith in the knowledge that the person you are taking it from owns it and nobody else. I would imagine the same rule applies in the case of a gift but you seem to have knowledge that it was on finance.

If you refuse to hand it over, then it will be him that is in breach of his contract with the lender but the lender also has the option to take you to court for holding onto the car. Again, the question would be whether or not at the time it was given to you as a gift, if you had reason to believe he was not the owner of the car.

The other issue you have is that the paperwork is in his name, that on the face of it may not suggest that it was gifted to you as the new owner, otherwise everything should be in your name including the V5 document.

[Kenya]

Re: Gifted a car?

Thanks R0b for your advice.
Im only aware of the financial status of the car as I did a HPI check on it yesterday, the only information this provided was "this registration is recorded as having outstanding finance"
at the time he told me he had the means to pay both cars off in full, which I can easily believe. However, he said he would speak with his accountant to gain advice on the best way pay. He informed me he could get discounts on both cars through is membership of national farmers union.
so I'm unsure of what is actually outstanding. he tells me around 34k, but it could be anything as I know he would have had the means to pay them off.
i have offered to take over the finance agreement and pay the finance company direct, if he is unable to. Which in itself is a very ta take, but it's his choice. He tells me it's gone to far for that and they want the car back, but he has not offered any further information as to who the financier is or who wants the car back, he's showing no urgency over what he tells me calls for a very serious meeting.
if I have no legal right of the car I would need to source alternative transport.
do I have any right to ask to see the financial agreement and payment status?
thank you for your time.

[Kenya]

Re: Gifted a car?

Having understanding of the legalities a little better , I'd like to add that the car was given as a gift. This can be evidenced in numerous messages.
I accepted the gift in good faith, assuming he had full rights to offer me the gift.
I was without notice that the car was bound to any agreement. He never made me aware of such agreement. He presented me with the car and keys and said it was mine, I took the assumption that this meant it was his to give away.
I was aware of the order process of the car and received emails from the dealer regarding servicing, recalls etc.
I was made to feel and believe that the car had been purchased for me.
I don't believe he has the financial problem he claims. He has simply just lost interest in me.

He has told me that the debt collector needs to repossess the car early next week. Once I questioned the detail he told me he was informed only on Saturday just gone by the recovery company. I asked who this was and he couldn't answer. He said he would call and ask. When I said there was no need to call but insteas asked for a photo of the notice, it was also ignored. Instead he said he had been sent a default notice. Which from my understanding is just to tell you you've missed a payment or something. I told him a default notice is quite different from a debt recovery notice and have not heard back since.

Due to the gift of the car I gave this person my time, communicated with him daily several times a day, shared things I wouldn't have shared had I not been gifted the car. So I feel that the car was not only a gift, but also a form of payment for the time I invested in him, which I otherwise would not have done ordinarily.

[R0b]

Re: Gifted a car?

The problem I foresee Kenya is that whilst it may seem apparent to you that the car was gifted and that you would own the car, if that was the case why weren't you put down as the named registered keeper (I am assuming this because you have said that all the DVLA documents are in his name, unless I'm mistaken?)

There is also the general rule that I mentioned called the Nemo Dat Rule - A non-owner cannot transfer title to another without consent of the true owner. That means that the non-owner who supposedly transfers ownership by sale, gift etc. does not actually transfer ownership. There is the exception to that where a private purchaser who purchases the car in good faith and does not have any knowledge of the car being on finance at the time of purchase, will become the true owner of the goods (but does not excuse the non-owner from being sued for breach of contract).

They key phrase above is purchase. Because the car was allegedly gifted to you, that would not amount to a purchase of the goods and so you do not own the car.

Due to the gift of the car I gave this person my time, communicated with him daily several times a day, shared things I wouldn't have shared had I not been gifted the car. So I feel that the car was not only a gift, but also a form of payment for the time I invested in him, which I otherwise would not have done ordinarily.

Whilst I appreciate what you mentioned above, I don't think that would have any merit in court as a form of payment for the car.

This is however, my own view and I can't say for certain that a judge will agree with me as it is a possibility that they may come to an alternative conclusion but if you do lose, you might have to pay costs to the lender if such a claim was brought.