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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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My ex partner had a loan and gave me some of the money

Customer Question

Hi....my ex partner had a loan and gave me some of the money too put towards a car. The car was purchased by myself ... log book and purchase receipt in my name. I have been paying her loan for her but since we have split she has taken the car and will not return it. I have been too the police but they say there is nothing they can do too get it returned too me. Is this correct??? I need my car for work but nobody seems too be listening....even the police.
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.
Who is the registered keeper?
Customer: replied 2 years ago.

I am. (Kyle Whittingham)

Expert:  Jo C. replied 2 years ago.
The view of the police is that it is a civil matter which it is really.
You are the registered keeper though so you are entitled to physical possession of the car. If you have keys then you can just go and remove the car.
She may well have a claim against you and that is fine but she cannot just repossess the vehicle in this way.
However, the police will not normally become involved in a civil dispute of this nature.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

She has aquired the keys jo. So can i not have it repossessed by the police? If not how do i go about getting it back?

Expert:  Jo C. replied 2 years ago.
No, the police do not become involved in civil disputes like repossessions.
Don't you have a spare set?
Customer: replied 2 years ago.

No i do not have a spare set jo. What i failed too mention is the loan is not secured on the car. It was an unsecured personal bank loan which she took out in her name. So basically the loan is not secured on the vehicle. Does that make a difference?

Expert:  Jo C. replied 2 years ago.
Not really.
If you don't have keys then you could seek an injunction from the county court forcing her to deliver it up.
She might well have a claim against you but she cannot just seize the car.
Customer: replied 2 years ago.

Can i ask how she has a claim against me? And how much does a county court injunction cost approx?

Expert:  Jo C. replied 2 years ago.
Well, I would imagine she is saying that you have defaulted upon the loan.
To issue about £155 and a further £200 to attend court.
If you employ a solicitor then it will rack up hugely.
I'm happy to continue with this but please leave feedback for my answer.
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

How have i defaulted ... the loan is in her name only ... i have paid her the money too pay the loan and not missed even though that was never even agreed. Is she entitled too take a gift back as effectively thats what she said the money was?

Expert:  Jo C. replied 2 years ago.
Yes, but you have a contract with her to repay her which I imagine she is saying you have defaulted upon.
Customer: replied 2 years ago.

But i have paid every month by her own admission. So basically this is stalemate ... she cannot sell the vehicle without my permission and i cannot have it retrieved unless i have the keys?

Expert:  Jo C. replied 2 years ago.
She shouldn't sell it.
She may of course.