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Ash
Ash, Solicitor
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RE: Vauxhall Astra VU09 KZC: Registered Keeper – Katherine

Resolved Question:

RE: Vauxhall Astra VU09 KZC: Registered Keeper – Katherine Elaine Berry 9, Pinfold Terrace, Tollerton, York YO61 1QG.
I own the above car and I also lease a car through my employer at North Yorkshire County Council. I received the lease car on 9-May-2014. At that time, my now ex-partner and I agreed that as I would not be using the Astra during the day, he would have the use of it. At no time did I say I was giving him the car.
On 13-Nov-2015 I separated from my long-term partner and he is insisting on keeping the car, claiming that I gave it to him. The police and my solicitor have not been able to help me. The car is kept at the address on the V5 document and I have no access to it whatsoever. Although this remains my legal address, I live in Northallerton due to fears for my safety.
From the date of purchase on 9-Mar-2011 to 9-May-2014 I paid all costs pertaining to this vehicle. From 9-May-2015 to 13-Nov-2015 I paid half the maintenance costs, the full RAC membership and full insurance costs. I paid for the car in full with no contribution from my partner.
I have been advised that I may be liable for any speeding offences or other offenses committed by my ex-partner; ***** ***** however I do not want to demonstrate in any way that I am giving him the car by putting the keeper’s details in his name.
I have the invoice to show that the car belongs to me and I have informed my ex-partner in writing that he is driving my car without permission. It would appear that because I gave my partner use of the car whilst we were in a relationship, I am not automatically entitled to have it returned to me. We are not married.
The vehicle tax is due for renewal on 1-Mar-2016. Would I legally be able to declare the car as SORN in order that he would not be able to insure or tax it?
I hope you can advise me of the legality of me doing this.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Why haven't you issued proceedings for the vehicle back please?
Alex
Customer: replied 1 year ago.
Hi Alex,I only just remembered your last response about taking this to court when I sent my latest question. I have been very ill until recently and what happened over the summer is a blur.My solicitor is waiting for a response from my ex-partner. If this remains the same, I will apply to the court for an order for the car's return.I am so sorry to have wasted your time.Kathy B.
Expert:  Ash replied 1 year ago.
That's ok.mi was going to say the answer is to go to court and the order you need is to seek delivery up of the car.
You or your solicitor needs to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
This issues the claim. The court will send a copy to your ex. The court will list it for hearing and decide whether to order him to give you the car. If he does not this is contempt of court.
Can I clarify anything for you?
Alex
Customer: replied 1 year ago.
No thanks, ***** ***** think that covers it. The solicitor is dealing with the house, but she has written saying my ex needs to deliver up the car to a neutral address by 26-Jan-2016. If this doesn't happen, I will make the application to court myself.Many thanks,Kathy Berry.
Expert:  Ash replied 1 year ago.
Ok good luck.
Alex
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