Car loan to daughter

[Justabreeze]

I purchased a car for my daughter costing £5000.
The vehicle was and still is registered in her name as she is the registered keeper
I have a signed written agreement which was also witnessed by 3rd parties stating that the vehicle is owned by me until the vehicle loan is paid in full.

She has recently divorced from her husband who left several debts causing her to enter into an IVA.

She recently had a visit by a bailiff due to an unpaid debt which she did not realise was not included in the IVA.
The bailiff clamped the vehicle and threatened to remove it unless a debt for £700 including charges etc. was immediately paid.


Can you advise if the signed agreement can legally prevent the bailiff seizing the vehicle please as it clearly states that I am the owner even though her name appears on the V5.
the agreement is dated the same day I paid for the vehicle.

Many thanks.

[Pezza54]

Hi
You didn't gift the car to your daughter. You purchased it and are still the legal owner. You should give your invoice/receipt for the car to your daughter so she can forward it to the bailiff.
The formal witnessed and dated loan agreement stating the car remains your property until the loan is repaid in full is proof that you did not gift the car to your daughter.
I take it the loan agreement has both yours and your daughters address on it?
Your daughter should write a letter to the bailiff pointing out she is not the car's legal owner, enclosing copies of the documents (invoice, loan agreement) and request the immediate removal of the clamp. If the clamp is not removed or the vehicle is taken then she will take court action

The registered keeper of a vehicle is not necessarily the legal owner

As the legal owner of the car you have a duty to ensure the car is insured at all times. This protects your interest. It may help her case if she can show the bailiff that she sent you a copy of insurance documents

[Pezza54]

On the policy schedule on my car's insurance "the proposer" is stated as the owner. If your daughter was asked the same question on her proposal form hopefully she put your name as the owner and not hers

[atticus]

hopefully