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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I am in dispute with my previous partner re a motor vechicle

Customer Question

I am in dispute with my previous partner re a motor vechicle that was bought in 2008 in his name then and 2009 changed with his consent to my wifes name as registered keeper
as we have been paying the finances and all the maintenance and works and schedule of payments made that exceeds £ 30000 , although the car has registered keeper as my wife there is a loan on it around £ 35,000 on his name . We have using the car and driving it and allowing him to drive the car and recently he borrowed the car and said it was in an accident and was in a garage and we have not seen it since, He has contacted DVLA to change back to his name , although the log book is on her name DVLA is requring certain information that we cannot provide like rubbing of the chassis number which is under the car and we have till 8th August 2014 to provide this before they change the log book and we believe we have a vested interest. Can you help
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

1. We have had the car since 2009

2. We have paid substancial monies towards the finance and we believe we have a financial interest

3. How do we protect our interest

4 Can we stop the log book being changed to his name .

5 can we obtain a court order to prevent change of name and record our interest and sale.

6 Because he took the car to be fixed and not returned it , I am unable to provide the rub in chassis number at bottom of the car and unless I have that by the 8th August 2014 the registration will be changed.

Expert:  Jo C. replied 2 years ago.
Remember that the V5 is the registered keeper and not the owner although many people take it as such because he does not have the document he would not be able to sell the car.

That might be what he is intending to do.

You could well have an interest in the car but it also appears that you have the benefit of using it in the interim and whilst you may have paid for it and that clearly has a financial value so does the use of the car and it is therefore necessary to offset one against the other before deciding what value you have in a car which will of course depreciate exponentially.

There are obviously a lot of issues here to be addressed and what you want of course is for him not to be able to sell the car pending the resolution of the financial issues between you.

If you simply claimed back from him the money that you had paid for the car he would no doubt counterclaim for your use.

Pending some kind of agreement between you you can apply to court for an injunction to prevent him selling the car.

The threat of the application for an injunction and the threat of substantial legal costs may stop in trying to sell it but if he does, you can make an emergency application to court for a temporary injunction to stop him dead pending resolution of the issues between you.

The threat is going to be better if it comes from a solicitor and you might want to take some legal advice.

What the DVLA are looking for by asking for the chassis rub is proof that the vehicle is in your possession which obviously it is not. As I said however I would not worry too much about that because the V5 can always be put back at some stage in any event.

Can I clarify anything for you?

Customer: replied 2 years ago.

Thank you for your response , one more question there was never any agreement re deducting any payment for benefits for using the car and we have had it since 2009 finally what if I pay off his loan of and we are the registered keeper.

Expert:  Jo C. replied 2 years ago.
I understand that there was no agreement for deducting any payment in respect of using the car however the car and the agreement is in his name. The car is his once the agreement is paid although you may have a financial claim from him, however your claim is a financial one not a claim for the car itself.
Maybe a financial claim for the full value of the car but not the metal, rubber and plastic itself

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