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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have a car that we pay for on finance. I gave it to a person

Resolved Question:

We have a car that we pay for on finance. I gave it to a person to sell on or keep on the agreement that, that person would pay me to cover to finance payment. This person has stopped paying me and now has rgistered my car in his name. I can not get in touch with this person as they will not return calls and I have no address. What is my leagal situtation with this?

Many thanks.

Lesley
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is this a dealer or a private person that you entered into this arrangement with please?

Joshua :

Did you enter into a written or verbal agreement?

Joshua :

From what you say he made some finance payments to you?

Customer:

He was a dealer at a local garage. I will be visiting the garge to make sure he is still the owner, as I know he was opening another business in another town close by.

Customer:

I have got an email agreeing to pay me for the finance payments but a legal document with a solicitor was not drawn up. He made some financial payments but I have received non this year. When he went into the agreement there was approximately £6800 to pay. There is now still £5000 approx. to pay. I stupidly handed over my V5 document to him as he said he needed it to tax the car. I have received an acknowledgemetn in the post today saying that the DVLA confirm that I am no longer the regsitered owner so he must have forged my signature to sent off the V5 document.

Joshua :

Thanks. Did you make the agreement with him personally or with his business? If the latter, is his business a limited company or sole tradership?

Customer:

Imade the agreement with him personally

Joshua :

thank you. The initial point to make is that the V5C document is not evidence of ownership. It is evidence of registered keeper which is simply the person that receives fines and is responsible for taxing the car and so on. if this individual has day-to-day control of the car, in many ways, it is better for you that he is the registered keeper because otherwise you would be receiving demands to tax the car and any speeding traffic offences he commits which is not ideal from your point of view

Joshua :

the important consideration is his failure to pay what was agreed. based upon what you say, you have both an email from him agreeing the basis of your agreement to pay the finance payments and also you have evidence that he did make some initial payments to you and then later stopped. The combination of these two pieces of evidence relatively clearly establish an agreement between you despite the lack of a formal document being signed

Joshua :

accordingly, you may wish to consider writing to him either by email or letter advising that he is in breach of contract and demanding that he immediately makes up payment due within seven days failing which she will issue proceedings against him for the balance of monies owing against the finance agreement, together with any late fees or penalties you have incurred together with damages for the impact the failure to pay has made to your credit record should this be applicable or in default of which, the return of the car plus the above damages and court costs.

Joshua :

The simplest way to issue proceedings if he does not accede to your request is by using www.moneyclaim.gov.uk

Joshua :

is there anything above I can clarify for you?

Joshua :

does the above answer all your questions or is there anything else I can help you with?

Customer:

Thats has been a great start thank you very much

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

thank you

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