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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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Split up with girlfriend who refuses to give car back which

Resolved Question:

Split up with girlfriend who refuses to give car back which is in my name and I'm paying the finance.
How do I get it back?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
To whom is it registered?
Customer: replied 1 year ago.
It's registered to me
Expert:  Jo C. replied 1 year ago.
Do you have a set of keys?
Customer: replied 1 year ago.
No she has both sets
Expert:  Jo C. replied 1 year ago.
If you are the registered keeper then you are entitled to physical possession of the car.
If she refuses to hand the keys over then you could, in principle, report her to the police. They may say it is a civil matter though although they might tell her to give the keys up. If they though you should complain to a more senior officer as they would be round to arrest you fast enough for assault if you breathed upon her so there is no excuse for them refusing to get involved in relationship issues on your behalf as they would for her.
If that fails though, you can write to her or get a solicitor to write to her giving her 28 days to hand over the keys. Make clear that in default you will get a locksmith to open the vehicle and change the locks and sue her for the cost which might be a nasty surprise.
You could also seek an injunction forcing her to hand over the keys. That might be cheaper in the long run actually but you still need to give her warning.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok that's great thank you - would she be liable for any damage to the car if she decided to turn nasty? Also the insurance is in my name with her as a named driver - can I take her off the insurance so she can't drive it - she's moving at the weekend so I'm worried it will disappear
Expert:  Jo C. replied 1 year ago.
You can do that but it would be ethical to warn her that is your intention. Otherwise she could be picked up by the police and I know that she would do that to you so fast the world would spin but you are the better person.
But you could remove her from the insurance and then inform the police she is driving uninsured.
Having warned her.
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