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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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My son took out a loan to buy his girlfriend a car and clear

Customer Question

My son took out a loan to buy his girlfriend a car and clear some of her debts. Within two weeks she has ended their relationship. Is there anything he can do to recover the car or the money he lent to her?

He does not have anything in writing regarding the loan and the car is registered in her name.

Thank you for any advice you can offer.
Carol-Coneay
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Yes, he could sue her for repayment after he demands repayment and she fails. I assume there was no date for repayment set?

Max Lowry :

Did he agree with her that it would be a loan to her in effect?

Customer:

That is disputed, he says it was a loan, she says it was a gift

Customer:

I'm not sure if I am using this sight correctly, it says that it is waiting for customer action

Max Lowry :

Strange ... don't worry, I see your reply.

Max Lowry :

Okay - well, this comes down to who the Court is going to believe then at the end of the day, as to loan or gift.

Max Lowry :

It would be a very generous gift, and the presumption is that it would probably be a loan I expect.

Customer:

Do you think it is worth getting a laywer to right and ask for the car and lon to be returned. To be honest, I don't think that she will be able to repay the money but if he could retrieve the car, that would be something.

Max Lowry :

Yes, it's always worth doing this as it might just sort it - the cost would be minimal and would be quicker if this resolves it than by going to Court.

Customer:

ok. He has only asked her verbally so far so I may suggest that he writes, stating his understanding of the agreement and what he expects. He is reluctant to persue it but I think that he will soon regret this as he took out a £10k loan over six years.

Max Lowry :

Okay - well, always worth writing.

Max Lowry :

He has nothing to lose.

Customer:

Thank you for your help. Have a good day.

Max Lowry :

And you - thank you!

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Customer:

Just before I go, are there any 'legal terms' that would be good to include in his letter?

Max Lowry :

No, just set out the background, the facts, and the demand for repayment. You could mention that if this isn't paid back, solicitors will be instructed to pursue the debt without further notice to her.

Customer:

Thank you. I will rate you excellent :-)

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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