Ownership Dispute

[nexis86]

Hi all,

I have looked on the forum but cannot find the thread that relates to my problem. Im not sure if this is the correct place to be asking this question but i hope someone who reads this will know the answer.

5 weeks ago my girlfriend and i bought a car from my grandparents for £3500, it was valued by 2 local garages at £6000. We got it so cheap because it was a very low (3k) milage 56 plate car and my grandparents wanted to keep it in the family.

My (then) Girlfriend's uncle loaned us the £3500 to pay for the car, which we were going to pay back 50/50 over the next few years.

We have now split up and she has taken the car and both sets of keys. Its her details on the DVLA document as the registered keeper but the reciept of sale from my grandparents has my name on it.

I want to solve the problem in a civil way and have already (within 2days of splitting up) got the £3500 to pay her uncle back in full and take what is rightfully mine.

If she does not want to give the car back once i pay her uncle is there anything i can do legally?

A few sites and forums i have read all say that the car owner is the person who's name is on the recipt of sale, and not who's name is on the DVLA document.

I hope one of you reading can help me.

[Caspar]

Re: Ownership Dispute

The V5 document actually states that the holder of it is not necessarily the legal owner, but is responsible for paying the road tax etc... It purely identifies the registered keeper.

If your grandparents are happy to say they sold you the car and you have the receipt for it in your name, then you are quite entitled to reclaim the car as you own it.

However, if your girlfriend has both sets of keys and you cannot get them, how you manage to do this is another issue. I'd suggest the police would be a good starting point for advice. Presumably the insurance is in joint names - you didn't make the mistake of saying she was the legal owner of the vehicle as well as the registered keeper on the insurance did you in order to save a few quid?

[WendyB]

Re: Ownership Dispute

as far as I am aware, the owner and the registered keeper are not necessarily the same person. Just because the V5 is in one persons name does not mean that they are the legal owner, I think. Might be worth ringing the DVLA and see what they advise, also have a look on their website, it's quite useful.

And don't pay the uncle until you find out what the legal position is.
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and what's more, if you have the chassis number (VIN plate number) you would probably be able to get another key cut and go and get it back.

Isn't there (unfortunately or fortunately, depending on which side of the fence you are on ) a saying - possession is 9 tenths of the law? Not sure how this stands up legally though.

[nexis86]

Re: Ownership Dispute

thanks for advice wendy and caspar!

The insurance policy was in her name, and im not sure if she told them she "owned" the car, i was just a named driver on the policy.

[Caspar]

Re: Ownership Dispute

As long as insurance is in her name, then the onus was on her to tell the insurance company the truth. If she has said she was the owner when she wasn't she could well be driving around in your car illegally. If she had a bump and this fact came out, they almost certainly would at best make only a partial pay out.

Information on new look V5

From the 15 August 2010 all V5C's that are issued by the Driver and Vehicle Licensing Agency (DVLA) will have a new look. The new V5C will make it clear that the registration certificate is not proof of ownership and will provide details of where you can get advice on buying a used vehicle.

http://www.snows-commercials.co.uk/pdf/regdoc.pdf This link shows the new V5C. It could not be clearer, the first few words on the front cover state, "THIS DOCUMENT IS NOT PROOF OF OWNERSHIP."

And from another site: Ownership is proved by a bill of sale where the previous owner sells the car to another person

I would imagine this should give you enough ammunition to get the car, even if it means involving the police.