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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question regarding the ownership of a vehicle. My

Resolved Question:

Good morning,
I have a question regarding the ownership of a vehicle. My OT and I are no longer together and he is claiming the car. The details are as follows:-
Original car £21,000
My car in part exchange say £2,000-
Write off £12,125 (£12,750 – insurance)
New car £16,129
I paid £4,104 difference
He is claiming £12,750, which was the write-off value, but I only received £12,125 after insurance deductions.
He bought the original vehicle but for me to use and pay all the costs, including him on my insurance so that he could drive it sometimes (he also bought himself a new 4x4).
Where do I stand, please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Was there ever a discussion about who would own the car?

What were the insurance deductions for please?

Customer: replied 1 year ago.
Hi Ash,
The insurance deductions were for when you claim from them. I've forgotten what you call it!
There wasn't a discussion, just that he had got money as sole beneficiary from his uncle's will and that he thought we ought to have two "decent" vehicles. He decided that mine should go in part exchange for the new one and I would drive it, pay all expenses for it, including insurance, but he would borrow it if he wanted to use it. He used to ask if he could use MY car.
Expert:  Ash replied 1 year ago.

Excess!

So the dispute is for the £625 difference or the whole amount?
Is he saying because he paid for the vehicle its his?

Customer: replied 1 year ago.
No, sorry, Ash. He is disputing the whole lot, which I do not believe is reasonable. Also, the first vehicle, which he paid part of, was written off and the insurance was paid to me. I bought the second vehicle without him. Does that not make it mine?
Expert:  Ash replied 1 year ago.

But did you buy the second vehicle is a result of the insurance proceeds?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

Ok - that could be a problem. You said £2000 of a £21,000 car.
It was then written off and you had £12,125 as a result and got a new car.

So in short you got £12,125 for a car which you had only paid £2,000 towards, because the insurance paid out. I realise the insurance was in your name but you had only paid 10.5% of that value.

Therefore had it not been for him paying the difference on that car you would not have had the payout of £12,125.

Using that same formula then this means you would be entitled to 10.5% of £12,125.

This is because that is the % you own.

Therefore you would be entitled to £1273.13

Your ex would be entitled to £10,851.87

You could reasonably split insurance costs etc., but sadly you only had a big insurance payout because of your ex's contribution.
Can I clarify anything for you about this today please?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No, thank you, ***** ***** have been very helpful. It was not necessarily what I wanted to hear but what I half expected. I just needed to get it clarified, so that we can finalise (hopefully) and move on. I have been very bitter, as he chucked me out of "his" house after 8 years but I've had a lot of prayer and no longer feel angry. I just want to get it finished with, sad though it is as I still love him.
I will rate you highly and once again thank you for your help.
Kind regards ***** ***** wishes,
Sue
Expert:  Ash replied 1 year ago.

Thanks and good luck!