Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
What would you rather do - get the car back or get the money?
If the other party has not adhered to the agreement that was entered into, then you can argue that they have acted in breach of contract and you can consider wither taking the car back or pursuing them for the payments owed. If it was specifically stipulated that the car would remain your property until the payments have been completed, then you can advise them that you are going to cancel the sale and take possession of the car. If she has the keys and you cannot access it without her consent then you cannot force your way into the car or take it in another way so you would ideally have to get her to agree to this and hand you the keys back. If that is not possible then you are able to pursue her for the payments instead.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
the court route will take a few months most likely but the steps leading up to it would hopefully prompt the buyer to either reconsider their position with the payments or hand the car back
you can get the car back but if he refuses to hand the keys then you cannot physically force her to
and without keys you can't do much with it
yes but as mentioned you need the keys from her and if she refuses to hand them back you cannot force her to which is where the issues arise - you can of course try and she may cooperate, the above is the worst case scenario assuming she does not