focijohn
|
| posted on 3/2/09 at 06:54 PM |
|
|
Advice
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]
Anyone going slower than you is an idiot. Anyone going faster than you is a maniac.
Too many targets but too few bullets.
|
|
|
|
|
flak monkey
|
| posted on 3/2/09 at 06:56 PM |
|
|
Yep, the son has taken it with out consent (TWOC). The same as anyone stealing your vehicle.
David
Sera
http://www.motosera.com
|
|
|
focijohn
|
| posted on 3/2/09 at 06:59 PM |
|
|
Forgot to add that the son has the log book in his name....?
Anyone going slower than you is an idiot. Anyone going faster than you is a maniac.
Too many targets but too few bullets.
|
|
|
flak monkey
|
| posted on 3/2/09 at 07:27 PM |
|
|
Its more difficult then. I think that makes him the legal owner.
Do you not know anyone in law who can advise?
David
Sera
http://www.motosera.com
|
|
|
focijohn
|
| posted on 3/2/09 at 07:33 PM |
|
|
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]
Anyone going slower than you is an idiot. Anyone going faster than you is a maniac.
Too many targets but too few bullets.
|
|
|
Marcus
|
| posted on 3/2/09 at 08:07 PM |
|
|
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....
Marcus
Because kits are for girls!!
|
|
|
rusty nuts
|
| posted on 3/2/09 at 10:00 PM |
|
|
Any paperwork in the dads name giving reason for loan perhaps with a registration number?
|
|
|
Ninehigh
|
| posted on 8/2/09 at 08:52 AM |
|
|
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...
|
|
|
eznfrank
|
| posted on 8/2/09 at 10:11 AM |
|
|
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!!
|
|
|
davidinhull
|
| posted on 8/2/09 at 05:59 PM |
|
|
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
|
|
|
focijohn
|
| posted on 9/2/09 at 08:32 PM |
|
|
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!!
Yup most of his dads tools, his sat nav alsorts. Even took the light fitting out of his room the wardrobe doors and the pole that goes in the wardrobe
his carpet everything.
The regestered keeper (name on the v5) is the sons. I don't think that the loan has "a purpose" so to speak to who ever the dad took
the loan out with is just a personal loan and not sure if he got any proof of purchase.
I also share your view of that if i did that to my dad i cant imagine that i would be in too gooda shape... i know what i want to do to him.
Anyone going slower than you is an idiot. Anyone going faster than you is a maniac.
Too many targets but too few bullets.
|
|
|
Ninehigh
|
| posted on 9/2/09 at 09:08 PM |
|
|
Report the car stolen
He bought it, it's his...
|
|
|
Hellfire
|
| posted on 9/2/09 at 09:41 PM |
|
|
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
|
|
|
matt_claydon
|
| posted on 10/2/09 at 09:37 AM |
|
|
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.
|
|
|
Mr Whippy
|
| posted on 10/2/09 at 09:58 AM |
|
|
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
Fame is when your old car is plastered all over the internet
|
|
|
Meeerrrk
|
| posted on 10/2/09 at 05:46 PM |
|
|
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
that wouldnt work because the loan is in dads name and is not linked to the car in anyway, so it would be the dad who gets the visit!
also agree that dad should just go and bloody speak to son! life's too short to fall out with your own flesh and blood.
For Sale : 2008 Aries/Stuart Taylor Motorsport Locoblade (954 Blade)
|
|
|
Confused but excited.
|
| posted on 10/2/09 at 08:53 PM |
|
|
Father (A) should speak to son (a) in rather loud braille and reposess his car and other possessions!
Tell them about the bent treacle edges!
|
|
|
focijohn
|
| posted on 10/2/09 at 10:01 PM |
|
|
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
Anyone going slower than you is an idiot. Anyone going faster than you is a maniac.
Too many targets but too few bullets.
|
|
|
.jpg)
