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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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where do i stand if a male friend of mine offers to buy me

Customer Question

where do i stand if a male friend of mine offers to buy me a car and then decides to try to get the car back because i wont sleep with him and is the car mine if the log book is in my name
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why would he buy you a car?

You are saying he made this offer without seeking any repayment at all?
Customer: replied 3 years ago.


he said he wanted to help me because im a single mum and he didnt want anything in return just for me to have the occasional lunch with him i told him from the begining that i didnt want any relationship that i didnt fancy him and he said that he only wanted to be my friend the log book is in my name and he didnt ask me to sign anything to say he wanted any money but when he started to get sexual and i said no i told you in the begining i didnt want that he got funny and i had a phone call from a debt collector yesterday saying he was coming to see me today and that he was trying to stop the reposession of my car but he never turned up and now im really scared.

Expert:  Jo C. replied 3 years ago.
Thanks. I just need 10 mins to type out an answer but its bad news I'm afraid.
Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

This will really come down to who is believed at court. Obviously if your account is accepted then this was a gift and he cannot recover it.

However, he will almost certainly be saying that there was an agreement to repay or that it was never meant to be given to you and the court probably would accept that if you went to court. I’m afraid its just not really very credible to say that he bought you a car with no expectation of repayment at all.

The fact that the car is registered to you is a non issue. Being a registered keeper doesn’t prove that you are the owner.

If you are going to contest this then I would be careful with arguing that he has taken this action because you won’t have sex with him. I’m afraid that there are some women who use things like that as an excuse and courts are getting rather tired with hearing about it. Your whole point is that it was a gift which is the only really relevant point. The fact that he may have a sexual interest in this matter is a non issue.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

i have witnesses to say that it was a gift

Expert:  Jo C. replied 3 years ago.
Its still quite unlikely that the Court would accept there was no arrangement to repay.

People do buy each other expensive gifts all the time but not usually random strangers and motor vehicles.

Also, generally speaking witnesses don't confirm that things were gifts. They just say that they didn't overhear a conversation about repayments which is a non issue.

You do have to bear in mind that a Judge will take the view that you should pay for the car or return it if you have the benefit of it and will try to find a way to arrange that.
Customer: replied 3 years ago.

hes not a random stranger he was supposed to be my friend

Expert:  Jo C. replied 3 years ago.
Yes, I understand. But I'm afraid motor cars are expensive and people don't usually buy them as gifts save for relationships like children.

The Court is probably going to take the view that you should repay the money or return the car Im afraid.

You can always contest it on the basis that it was a gift but it would be irresponsible of me to suggest there is a good chance of success.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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