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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
Experience:  Over 5 years in practice
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My late husband loaned money to his son-in-law in 2012. He

Resolved Question:

My late husband loaned money to his son-in-law in 2012. He bought a car. He defaulted on the loan when my husband died, still owing over £2000. He has now parked the car outside my house, put the key and tear off strip from the logbook in my door, with it filled in as me being the new owner, I have not agreed to this, there has been no verbal contact at all, he thinks he can do this to cancel the loan, but the car has been run into the ground and will not recoup the amount of the loan. Can he do this to me? What can I do? Barbara XXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
No, he can't.
It isn't anything to do with you.
Your husband's estate has a claim against him sum of the loan and it will succeed. The executor of the will has to sue him.
Returning a car does not cancel a loan.
Just write to him making the point that you haven't agreed to this and the vehicle is available collection.
You might want to tell the DVLA that the transfer to you should not have been made and it should be transferred back.
Can I clarify anything ?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jo, myself and his eldest son are executors, can I sue through the small claims court? Would I need his son to agree?
Expert:  Jo C. replied 2 years ago.
Sorry delay.
It depends on the terms of the will. If you are appointed jointly then he would have to agree.
Customer: replied 2 years ago.
Yes we are, so I will need to ask him. Many thanks
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘ C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
As the loan was paid from our joint account, and the repayments made to an account in my name only, do I need to involve the other executor? They knew when they borrowed the money, Mike was dying of cancer and would not be around to see the end of the payments. I have now looked at the claims form, I did write to him back in September after taking legal advice, giving him the opportunity to respond, I had a phone call from him promising to make repayments when he was able, so I beleived him.
Expert:  Jo C. replied 2 years ago.
You could argue it was a joint loan but it would be safer to sue on behalf of the estate.
Customer: replied 2 years ago.
Many thanks
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
Customer: replied 2 years ago.
Will I be able to complete the on-line form if we both need to sign?
Should I try to talk to the son-in-law again?
Expert:  Jo C. replied 2 years ago.
I would try to get the other executor to agree.
He doesn't have to be involved in the suing. He just has to not object.
However, I would suggest a letter before action to the son in law as well as that might well cause him to come to his senses.
Customer: replied 2 years ago.
I have just received this, do I believe him?

Barbara

We have received and kept all your previous communications since July; emails, texts and letters.

Samantha text you yesterday regarding the collection of the car.

We propose to collect the car with all the necessary documentation; V5, current MOT and all other relevant information. We will then sell the car as soon as possible and pay you the money which is outstanding, which I believe is £2,270.00.

However, to achieve this I will need to drive the car back to Devon, therefore the car needs to be taxed and insured. I will insure the car but to tax the car I need to have the counter slip of sale (the one I left you) or a new one from the V5 document if you have it; I understand from the DVLA that I am the previous keeper, therefore I can assume that you are the current keeper.I do not want to drive the car without tax as this may incur a penalty from the DVLA to the registered keeper.

Can you confirm that you will have all the necessary documentation so I can complete the tax process I outlined? If so, Wayne has agreed to collect the documentation tonight at approximately 630pm.

Jon







On Thursday, 8 January 2015, 0:56, Barb <*****@******.***> wrote:





John


Did you receive my previous e-mail?


Barbara







Expert:  Jo C. replied 2 years ago.
If the car is not in his name, and it's not taxed he will need the small green slip from the right-hand side of the V5 document to tax it or a copy of the front of the V5 as he needs the doc ref and registration number.
The current registered keeper sends the amended V5 less the green slip to Swansea and Swansea then send a new V5 to the new keeper.
No one in their right mind would buy a car without a V5 in the name of the seller so it is going to sell the car he is going to need the paperwork