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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My partner was living with me in rented accomodation

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Hi
my partner was living with me in rented accomodation we weren't married. He walked out on me for another woman, this isn't relevant just explaining the background, and he ended the relationship. During our time together he gave me his car, the car was signed over to me on the c5 firm as reg keeper. Obviously he has receipt for the car. Now he's saying he want the money back for the car, at times I have agred to giving him money for it , he may have evidence in a text for that, but at the time it was signed over to me I was led to believe it was a gift. Since I've had the car he always maintained the upkeep of it. The car is worth 4000 pounds. I have never made any form of payment for it because it was my belief it was a gift.
My partner has also left me picking up pieces of paying rent and bills and it will take six weeks for any benefits to come through, I have two children but they arnt his.
I wondered if he took me to a small claims court how would it stand. Obviously I need the car but I do wish to sell it to buy a cheaper smaller car.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
If it was a gift and it was not conditional then you don't need to give it back. You can't just get a gift back just because you have changed your mind, therefore you can refuse.
However if he said you could have the car on the condition you were together, that would be different. But if no conversation was had you can keep it.At most this would be a small claim if it ever went to Court and you wouldnt need a lawyer. It would be for him to show that it was not a gift or conditional.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks for the response, to my knowledge he has no written evidence that this was a conditional gift, I said at the time do you want money he said no just keep it clean. Each time we've split he's asked for the money, I have agreed in text to this then argued the case that it was a gift, there should be no record of him saying or written it was a conditional gift. So it's my word against his, how does this fair in small claims? Am I allowed to sell it as I want to do that?
Expert:  Ash replied 1 year ago.
In a small claim he must prove 51%, so on balance it was not a gift. Its up to him to prove it.
Does that clarify?
Alex
Customer: replied 1 year ago.
Prove it as in written form?I know he will badger me about it, I just want to be clear before I tell him to take a hike, he was very controlling and abusive. i sent this email to him but there has been no response. I have never made a payment during our relationship because I believed it to be a gift at the time. Here is a copy of the email.I'm sorry I'm not meant to mail you I know however I need to clear something up.'The reason I was checking about the car is im about to put new tyres on this week and pay for it myself well from a loan of money. I'm asking you if we can keep it please. I did think at the time you had given it to me when you signed it over, then each time we've broken up and now irreplaceably, you ask me to pay it back and the kids and I need to keep it going so im about to spend money on it.
Regards'
Expert:  Ash replied 1 year ago.
If he brings a claim, he has to prove it - so if nothing is in writing that clearly does not help him.
Does that help?
Alex
Customer: replied 1 year ago.
Yes thanks,But what about if in text ive agreed to paying for it, post split, which was more to get rid of him bothering me about it.
Customer: replied 1 year ago.
There was no conditional offer made at the time of signing it over to me.
Expert:  Ash replied 1 year ago.
That does not help you - but you can explain that to a Judge.
Does that clarify?
Alex
Customer: replied 1 year ago.
In other words im on a bit of shaky ground really.
Expert:  Ash replied 1 year ago.
It doesn't help but its not fatal.
Alex
Customer: replied 1 year ago.
To my knowledge the only thing I said at the time was that I asked him if he wanted money he said just keep it clean, then when we've split he's demanded money, ive agreed now I'm trying to say it was a gift really which it was at the time. Also does he have to prove that he tried to sort it out with me before taking me to court? I'm worried incase letters come through from court, maybe I'm panicking too much but since he left im in financial dire straights because I'm waiting on benefits and had to loan money from a friend to cover bills. He's not responded to the emails you see.
Expert:  Ash replied 1 year ago.
Dont worry at this stage - it was a gift when you had it, nothing more.
Alex
Customer: replied 1 year ago.
Ok thanks for your advice
Expert:  Ash replied 1 year ago.
Good luck.
If this answers your question could I invite you rate my answer before you leave today.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Now he's threatening to repossess the car can he do this?
Expert:  Ash replied 1 year ago.
No. If he tries to call the police
Alex.
Customer: replied 1 year ago.
But he has the receipt can he show that to the repossessions people?
Expert:  Ash replied 1 year ago.
No, you are named on V5
Alex
Customer: replied 1 year ago.
Ok if that's all it takes, thanks youve been a great help x
Customer: replied 1 year ago.
Hi I recieved this email from him, in a court would this stand up if I have the copy of the letter he requests? He is not going to sign a letter saying im the legal owner but if I do as he asks in this mail is it considered mine by a court, the reason I'm asking is im about to sell.
See verbatim from email below...
If you can send a signed letter to my parents house, giving me permission to come to the cottage and get the rest of my stuff, then I will let you keep the car.
If you don't want to do that, I reserve the right to legal have it repossessed.The choice is yours, and it's a more than fair offer. Especially in the light of what's just happened.I never wanted confrontation and I don't seek it nowOn 26 Oct 2015, at 00:23, Sam Stevens wrote:I'm sorry I'm not meant to mail you I know however I need to clear something up.The reason I was checking about the car is im about to put new tyres on this week and pay for it myself well from a loan of money. I'm asking you if we can keep it please. I did think at the time you had given it to me when you signed it over, then each time we've broken up and now irreplaceably, you ask me to pay it back and the kids and I need to keep it going so im about to spend money on it.
RegardsSent from my iPad
Expert:  Ash replied 1 year ago.
Yes it would stand up in court.
Alex
Customer: replied 1 year ago.
Hi Alex,
I sent the letter as requested giving him access to the property at an agreed time and date and he hasn't got back to me about it, now I just think it's emotional blackmail as ive done what he asked me to do and I get a feeling he'll just spin this out, even if he collects the items he requires from my property there is no guarantee he will sign the car over. In a draw as luck would have it I found a box with all. The log book details in including the receipt for the car !!!! So he doesn't have the receipt, but I suppose he can show his visa statement or get the car company to draft a new receipt.
For various reason not just because of the threats he's making but because it's too big and costly to maintain im going to sell the car, am I within my rights to do this as its it my fault he hasn't collected his stuff.
Thanks
Expert:  Ash replied 1 year ago.
Yes you are within your rights.
Alex
Customer: replied 1 year ago.
Ok thanks

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