basicly this is the situation.. (Not going to use names)
Dad (A) applied for a loan for son (a) which was about 8k to buy a car with, to which the conditions of the loan was that son (a) was to pay back dad
(a) no matter what the costs. Son (a) didn't enjoy living at home and more and decided to leave and take anything he could fit in a car and took
it ... aswell as the car.
In case you havn't already guessed son (a) is no longer paying back dad (a) and has left him with a vast majority of this loan to pay off him
self.
Being that the dad is the "legal owner" of the vehicle being that he has purchased it and not given it to son (a) as a gift is there any way
that he (dad (a)) can get the car back?
Edit : - son has log book in his name.
Cheers
John
[Edited on 3/2/09 by focijohn]
Yep, the son has taken it with out consent (TWOC). The same as anyone stealing your vehicle.
David
Forgot to add that the son has the log book in his name....?
Its more difficult then. I think that makes him the legal owner.
Do you not know anyone in law who can advise?
David
I was reading in my guidance notes thast come with V5's etc and was stated that the Reg'd owner is not always the legal owner of the
vehicle. The person who bought it remains the legal owner, and the same applies to companies who give thier empolyees company cars, i.e. if my
company GAVE me a car i would be the Reg'd owner but that company would remain the legal owner of the vehicle. Or at least this is how i
udnerstood it.
As for seaking advice i'm not sure what the dad wants to do (he seems to be backing down and eating out of his sons hands) so i was just asking
people on here becuase there seems to be a direction for pritty much any question.
Regds
John
[Edited on 3/2/09 by focijohn]
As above really, the V5 gives the registered keeper, responsible for tax, insurance etc. This is not necessarily the legal owner. The person buying
the vehicle is the legal owner. I guess he has a receipt in his name for the car?
Pretty convincing to plod if he wants it back to sell and recoup costs....
Any paperwork in the dads name giving reason for loan perhaps with a registration number?
If it was proper car finance like a HP then dad a is still responsible under that agreement and if he stops paying the car can be reposessed no matter whose name is on the V5. As it's a bank loan the problem is going to be proving it is in fact his vehicle...
When you say he took all he could fit in the car, does that mean he took stuff that wasn't his?
Need to know who is the registered keeper and who is the registered owner - two different things.
On a different note, what a tw4t!!! If I did that my dad would be round with a sharp right hook I would imagine!!
I had aproblem with a dodgy garage and purchasing a car that wasn't clear of finance - unbeknown to me. The fact I had paid cash for the car and had a V5 with my name on it didn't mean it was mine (don't ask how I got into that situation!) but black horse finance were quite within their rights to take it away!! the fact son's name is on the V5 therefore doesn't necesaraly make him the owner - I am not in any way shape or form a lawyer, but did take legal advice on my problem so am fairly confident this is the case
quote:
Originally posted by eznfrank
When you say he took all he could fit in the car, does that mean he took stuff that wasn't his?
Need to know who is the registered keeper and who is the registered owner - two different things.
On a different note, what a tw4t!!! If I did that my dad would be round with a sharp right hook I would imagine!!
Report the car stolen
He bought it, it's his...
The father and son must have had a good or even half decent relationship prior to this. Afterall, he did take out a loan on his behalf and even
allowed his son to register the vehicle in his name.
Can the father not make contact with his son to reason with him and reach an amicable agreement?
How old is the son?
Phil
If the son has been making payments to the father then the car is now jointly owned. As with any debt the father has rights to recover the remaining
amount.
The usual method used by professionals is to reposses the car, sell it, take what's owed and return the balance, after costs, to the person with
the debt.
I would have thought all dad had to do was stop paying and sons car would get taken off him by some large blokes with bats
quote:
Originally posted by Mr Whippy
I would have thought all dad had to do was stop paying and sons car would get taken off him by some large blokes with bats
Father (A) should speak to son (a) in rather loud braille and reposess his car and other possessions!
OK i think that its sorted now, son seems to have calmed down after 2 months of abusive texts. Never mind.... least he has the car back half the
battle. Look out in the FS section as i will be re-posting it.
Thanks for all your responses.
John