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Car Purchase query

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  • Car Purchase query

    My son bought me a car 6 years ago - I offered to pay him the money for the purchase at the time but he never asked for any money as he is also my landlord he borrowed £50 thousand pounds off me in 2016 which has since used as rent however he could have used some of this money to pay for the car - due to a family fall out he is now asking for full payment. I have maintained the vehicle, insured, road taxed, paid for any repairs - he has since taken the car back off me --- he is threatening legal action - can he do so? Thank you
    Tags: None

  • #2
    How many of these agreements and offers are recorded in writing? What is the evidence that he gave you the car as a gift? Are you recorded at the DVLA as the Registered Keeper (is your name on the registration document/car log book [the V5C])?

    Please explain the background to him being your landlord. Is there a formal tenancy agreement in force? What does it say about the rent?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      How many of these agreements and offers are recorded in writing? What is the evidence that he gave you the car as a gift? Are you recorded at the DVLA as the Registered Keeper (is your name on the registration document/car log book [the V5C])?

      Please explain the background to him being your landlord. Is there a formal tenancy agreement in force? What does it say about the rent?

      THank you for replying
      There is no evidence of anything -- he is and always has been the recorded keeper of the vehicle and has all the documentation - also now has the car back in his possession ----he was never a gift he bought it for me as I am in my late 80's and I offered to pay him the full amount for the car but he has never asked for a penny until now that he has fallen out with me and the rest of the family

      Comment


      • #4
        There is no formal tenancy agreement - he has let me live in his apartment for 13 years and I paid him block amounts of rent up front -- he borrowed £50k off me to pay a loan that he had and has kept the money to then use against rent which was agreed at £600 per month and has never been increased ---my daughter has found me another home which I will move in to in the new year ---I am 86 and am extremely concerned if he can take court action against me

        Comment


        • #5
          If the car wasn't a gift did you and your son both consider it was his car and he had loaned it to you free of charge on condition you paid all the running costs? That's what it sounds like.

          What reason did he give you for taking the car back?

          I am not clear what he is threatening to sue you for. Is this about the car or the flat?



          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Another question. You say your son bought you the car 6 years ago. Could you be more specific please. In which month of which year did you get the car?
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              When the £50k loan was used up in rent in 2023 did you recommence paying your son rent for the apartment?

              Comment


              • #8
                I am still in credit with my rent he is evicting me so leave in January as found another property he would owe me over £2000 in over paid rent ------he said to either give him the car back or pay him the full asking price for the car he bought in i think Dec 2019 --- he is threatening to sue me for the full payment of the car which is just short of £4k

                Comment


                • #9
                  Will your daughter help tell your son to act like a mature adult and not to bully/abuse a vulnerable elderly person?
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Guides and handbooks for Litigants in Person - :

                  https://legalbeagles.info/forums/for...60#post1701560

                  Comment


                  • #10
                    Originally posted by lizziep View Post
                    ...he said to either give him the car back or pay him the full asking price for the car he bought in i think Dec 2019 --- he is threatening to sue me for the full payment of the car which is just short of £4k
                    But he's already taken the car back hasn't he? So what is he threatening to sue you for now?

                    Whilst I can appreciate that threats of legal action are never nice, especially within the family, the position now seems to be that he has the car back and you are leaving his flat in a few weeks time so I would be inclined just to ignore him and get on with your life. If he were foolish enough to try and bring a legal claim you could counter-claim for the £2,000 in rent that you have overpaid.

                    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                    Comment


                    • #11
                      Thank you - yes he has the car back -thanks for your advice its very much appreciated

                      Comment

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