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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I need to repossess a car being used by my brother along

Resolved Question:

Hi
I need to repossess a car being used by my brother along with other possessions that belongs to me. the car belongs to me as the finance is in my name and being paid by me and the vehicle is registered in my name and address.
how do i legally collect this car
thank you
Neil
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why do you seek to repossess it?
Customer: replied 2 years ago.

I wish to have all the equipment and car back as i want to use it myself and we have fallen out.

I no longer wish to help him out by letting him use my equipment

Expert:  Jo C. replied 2 years ago.
That is not good news Im afraid.
What was your agreement with him about this originally?
Customer: replied 2 years ago.

there never was an agreement he just borrowed my tools and now refuses to return them and as for the car he needed a car so i got one and let him use it i had my own business and the money I was paying for it wasn't really an issue for me.

Expert:  Jo C. replied 2 years ago.
Was he paying you at all for use of the car?
Customer: replied 2 years ago.

no not at all i paid it all from my bank account and have statements to show it.

Expert:  Jo C. replied 2 years ago.
Yes, I understand that but did he pay you anything at all for this use?
Customer: replied 2 years ago.

no nothing at all

Expert:  Jo C. replied 2 years ago.
In that case, this isnt a contract then. You are perfectly entitled to demand the return of the car.
Just write to him demanding return within 14 days. If he fails to do so then sue him using the N245 forms demanding delivery up of the car. It would cost about £200 for the issue and about £155 for the trial fee if he contests it.
Unless he is going to try to argue that you were paid for the car there is no realistic defence to this.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi thanks

does this apply to my tools as well

the for N245 seams to be a "Application for suspension of a warrant and/or variation of an order"

am i looking at the correct form

Also is this a criminal matter ie can i involve the police

Cheers

Neil

Expert:  Jo C. replied 2 years ago.
No, that should have read N244 form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The generalised one.
I always use the general one.
Customer: replied 2 years ago.

ok thanks for that

is this a criminal matter ie can i involve the police

thanks

Neil

Expert:  Jo C. replied 2 years ago.
If you are the registered keeper then you could, in theory, just remove the car and the police will not interfere because you are entitled to physical possession of it.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

That is great thank you for your help

Neil

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.