I have a car but dont own it technically, advice??

glanman

Looking for some advice. I have company car parked outside my house for the last 6 months now, its off the road and out of tax. I was given it by my boss as part of wages he owes me, that company has since gone out of business. He had promised me the tax book but hasn’t sent it to me and doesn’t answer my emails, calls or texts.

What are my options, is there a certain amount of time that this just becomes my property and I can then put it back on the road or sell it?

Paulw

Unless you have the log book, and have the transfer of the car in writing, it still belongs to the company.

If the company has gone bust, the car is then an asset of the company and a liquidator would come looking for it.

Sounds like you're in a very dodgy situation.

Atlantic Dawn

You are also driving it uninsured as you can only insure something you own. If you were to be involved in a crash you would likely have to pay the liquidator for the loss/damage of the car. If it's a fairly new car it's likely the company leased it and may never have owned it at all in which case things get even more complicated and perhaps the car is currently reported stolen by the lease company.

glanman

Atlantic Dawn wrote: »

You are also driving it uninsured as you can only insure something you own. If you were to be involved in a crash you would likely have to pay the liquidator for the loss/damage of the car. If it's a fairly new car it's likely the company leased it and may never have owned it at all in which case things get even more complicated and perhaps the car is currently reported stolen by the lease company.

im not driving it, thats why i said its off the road... its an 04, its not leased.

johndoe99

sounds as though your boss put one over on you seen as he won't make any contact with you. Try and find out his address and confront him personally.

alias no.9

Have you any evidence or witnesses to the fact he gave it to you as part payment for wages owed to you? A liquidator may want to take possession but you would also be a creditor of the company to the tune of the outstanding wages. AFAIK unpaid wages must are a higher priority for payment than most other debts, but I'm no expert.

glanman

alias no.9 wrote: »

Have you any evidence or witnesses to the fact he gave it to you as part payment for wages owed to you? A liquidator may want to take possession but you would also be a creditor of the company to the tune of the outstanding wages. AFAIK unpaid wages must are a higher priority for payment than most other debts, but I'm no expert.

email correspondence about it so that should count. i know where he lives but i live out if the country and he works out of the country no so not the easiest to sort out...

flutered

op you need a lawyer, not a fireside lawyer, which is all you will find here.

Owen

Atlantic Dawn wrote: »

You are also driving it uninsured as you can only insure something you own.

That's not true. You can insure someone else's car. We used to loan cars to celebrities and sportspeople, and came across this myth plenty of times - they were told by friends/family it wasn't possible, even on occassion by their brokers, but all got insured in the end without problems.

macroman

PaintDoctor wrote: »

That's not true. You can insure someone else's car. We used to loan cars to celebrities and sportspeople, and came across this myth plenty of times - they were told by friends/family it wasn't possible, even on occassion by their brokers, but all got insured in the end without problems.

+1

I've insured other peoples cars before (loaners when my car was off the road)

Barr

macroman wrote: »

+1

I've insured other peoples cars before (loaners when my car was off the road)

This is fine when you are doing a temporary substitution but you can’t add the car to your policy if you don’t own it.

gyppo

OP, have you anything in writing from your old boss to verify he gave you the car as payment for work?
If so, you can apply for a replacement reg certain by filling in an affidavit form supplied by your local motor tax office. You will need to get a dealer to view and stamp form to confirm the cars correct vin and model type. You will also need to sign form in presence of a peace commissioner.
Ensure you fill all sections of the form, and send to Shannon.
All going well, you will get a new VRC in your name.

glanman

gyppo wrote: »

OP, have you anything in writing from your old boss to verify he gave you the car as payment for work?
If so, you can apply for a replacement reg certain by filling in an affidavit form supplied by your local motor tax office. You will need to get a dealer to view and stamp form to confirm the cars correct vin and model type. You will also need to sign form in presence of a peace commissioner.
Ensure you fill all sections of the form, and send to Shannon.
All going well, you will get a new VRC in your name.

Thanks, this was the sort of thing I was hoping for. I will contact tax office and explain my situation and see what they can do for me. I will keep you updated on any progress.

-Chris-

The people I'd approach first would be the company liquidators. Show them the email correspondence, get confirmation from them that the car is legally yours. Get them to request a replacement log book and change the name into your name.

There's still the very real likelihood they'll come looking for it if it's a company asset.
Changing the registration docs into your name gives you no ownership of it, you'll want documentation from them to say it's yours.