Ex Girlfriend Will Not Return Car

[NickyB99]

I'm in a bit of a pickle !
my ex is refusing to return my car,the car is registered in her name,she has the only key,she is saying the car is legally hers which we both know isn't the case.we didn't sign any agreement to say ownership has transferred to her.

i swapped my original car for the car in question,I don't have a receipt but have a few ebay emails leading up to the transaction saying we are both happy to swap,I have asked the fella for a receipt,keeps saying he has sent 3 but nothing has arrived.would the emails be enough proof?

I have started a letter asking for the car,keys and docs and an offer of a goodwill gesture (£500) and suggesting it would be cheaper to go to court for me,but more expensive for her.I have set out the letter to try and adhere to the pre-action protocols or practice direction.I really dont want to go to court but I think its my only option.I am worried she will sell the car in the meantime,Then what?

[Zacs-Master]

Jess.

[hc4361]

A big factor here is the insurance, as I have already said. It is nigh on impossible to insure a car you do not own. NickyB99 was presumably happy for his ex to tell the insurance company that she is the owner.

[NickyB99]

The car was in my name previously,it changed on the 2nd july,we split on the 18th,the relationship was "official" for 7 weeks ! I maintained the car while in her use,parts etc.on the night of the split by text she said she would return the car,then asked how much to buy it and next day said she was keeping it !

[furrypusscat]

I think the insurance is an important factor as I said earlier. Who ever insures the vehicle, I believe has to state that they are the owner. May be wrong of course.

[Zacs-Master]

Let's not get confused here. Insurers accept the registered keeper as the owner. The law does not.

[hc4361]

Nicky, why did you change the RK to her name? It could be important.

[NickyB99]

for insurance purposes

[hc4361]

ZM, most insurance companies ask a direct question that has to be answered yes or no. Do you own the vehicle?

You have to have a financial interest in the vehicle to insure it.

[hc4361]

Nicky, because she the only or main driver?

[NickyB99]

correct,main user

[factor-fiction]

Were you listed as a named driver though?

[hc4361]

If you were banned from driving and so made your ex the RK so she could insure the vehicle to drive you around that may help your argument.

[furrypusscat]

Make an appointment with CAB who can put you in touch with a solicitor - 1/2 hour appointment with solicitor is free. He should be able to advise as to strength of your case and go from there.

[Maydup]

I would recommend you remove the statement that she was made registered keeper for insurance purposes. Its not something to put in writing. Better to say she was the registered keeper while she was using the car.

[=rizla=]

I'm only guessing, but I would have thought it would be very hard for you to prove from the emails to the guy you swapped it with that you didn't give it to your gf as a gift, however the text messages I would have thought would give you more weight to the argument.

One other thought, if you own the car and she wont return it then surely its stolen?, should you report it as stolen?

One other thought If she fails to insure it and is caught then I think the police tend to seize the car and ultimately crush them.

[NickyB99]

Dispute is being resolved,Goodwill gesture has been accepted,hopefully will have car back at weekend

[cupid04]

Pleased for you. Bet you're relieved!