Getting a car back

Shambo5772 · 24-01-2014 12:34am #1

I recently parted from my husband. He has took the car and won't give it back. The car tax and Insurence is in my name. The guards say it's a civil matter. What can I do? He recently renewed the tax. How I don't know.

Merkin · 24-01-2014 12:57am

Who is the car actually registered to?

debabyjesus · 24-01-2014 1:02am

You dont have to own the car to pay tax on it. Do you have the tax book and is it in your name? If so its your car. If he has the tax book he may well have 'sold it' to himself. Not sure where you'd stand then.

freshpopcorn · 24-01-2014 1:26am

If you renew your tax online they send you an email now instead of contacting you by post.. Unless you request them to contact you via post.

Ham Sambo · 24-01-2014 2:14am

Sadly like the other posters have said unless the car is registered in your name there is nothing you can do, unless the guy hands it back

Shambo5772 · 24-01-2014 10:13am

Everything of the car is in my name. I have the tax book. The insurance is up this April.

Merkin · 24-01-2014 10:15am

Shambo5772 wrote: »

Everything of the car is in my name. I have the tax book. The insurance is up this April.

So you've said but is the actual car in your name? It doesn't matter if you're paying tax and insurance, who's name is down as owner of the car?

Shambo5772 · 24-01-2014 10:32am

Everything is in my name. The car, the insurance policy and tax book. There is a loan on the car in joint names which my x decided to keep paying of his own accord so he wouldn't get it lifted on him.

I have been using a borrowed car which is needed by the owner again. I need my car to get the kids to school etc..... My x won't give it back.

Pawwed Rig · 24-01-2014 10:32am

If by the tax book you mean the Vehicle Licensing Cert which includes the change of ownership form and the car is legally registered to you under your name solely then it is your car and you can just take it. If not you cannot. Your posts are not very clear on this matter. Ignore tax and insurance. Do you own the car?

Merkin · 24-01-2014 10:38am

Shambo5772 wrote: »

There is a loan on the car in joint names which my x decided to keep paying of his own accord so he wouldn't get it lifted on him.

It doesn't matter if he puts alloys on it and sprays it in liquid gold. It's in your name and it's your car.

So yes, to answer your question, it is a civil matter and the cops won't get involved. Have you got a spare set of keys? If so I'd just go and collect it if I were you.

m'lady · 24-01-2014 11:10am

Could the OP not report her car as stolen, if the car is in her name? I don't see how this is just a 'civil' matter when her property has been taken, even if it is by her husband?

Merkin · 24-01-2014 11:26am

The cops will view it as a domestic dispute and won't get involved.

I also wouldn't report it as simply stolen and not say anything, she could be accused of wasting police time when she knows well that it is her husband who is in possession of it.

She either gets the keys and collects it herself or will have to get solicitors involved and threaten legal action.

ladygirl · 24-01-2014 11:42am

If you have a spare key - go and collect it yourself. Alternatively get yourself to a solicitor immediately!!!!

Shambo5772 · 24-01-2014 12:31pm

My name is on the cert of ownership. Unfortunately I haven't got spare keys as the car was bought from another person. There was only one set of keys. The guards got onto my x but see it as he has to make his own mind up to what he does because of our separation which is going through the courts. They won't get involved. I'll get my solictor to take this furthur now. Thank you everyone for your help.

Merkin · 24-01-2014 12:33pm

Hope you get it sorted, he sounds like he is being needlessly difficult.

njs030 · 24-01-2014 2:34pm

I suppose if you are married like everything else it's a joint asset?

They can seize a car if you can prove it's paid for by you but the circumstances here seem more complicated than usual.
Your ex could say that the reason you could afford the car was cos he was supporting you or some such carry on!!

See a solicitor and good luck with it.

AmberAmber · 24-01-2014 4:32pm

i suggest to you... to as such for now , let him have it. I have a feeling that he might enjoy upsetting you and having this hold on you. Let him know you can sort out you life even if he wont share the car for his kids sake.
If he sees you are not upset by his games he will soon tire of this carry on.
Don't ask him for the car for a while , your upsetting your self and he must be loving hurting you. Dont let him !!
while i see you do need a car the bigger story is he has a big hold over you unless you take a stand and just try let it go for a while.
You could always get spare keys off a dealer of the car make , bring your registration form and just ask for a new key takes a week or so. Then just go pick up your car (at night

)
I did it once !!! belive me there is no feeling as bad as the pounding of your heart in your chest as you steel your own car !!! sorry but i am laughing here to my self reliving that night !!
hope you be ok .

Brussels Sprout · 24-01-2014 8:41pm

Surely if you 'steal' the car off of him he'll just steal it back

(also is it really possible to get a new key cut with just a car registration cert?)

ABajaninCork · 24-01-2014 8:43pm

If the car's yours then I wouldn't bother talking to the ex any more. First thing in the morning, I'd be getting the VIN from the docs and off to the dealer's quick smart. Get a set of keys cut.

Then I'd be lifting the car. Hell - I wouldn't even bother to do that. Get a tow truck and lift it anyway!

Hell hath no fury like a woman without wheels!

Balaclava1991 · 24-01-2014 8:43pm

Shambo5772 wrote: »

Everything is in my name. The car, the insurance policy and tax book. There is a loan on the car in joint names which my x decided to keep paying of his own accord so he wouldn't get it lifted on him.

I have been using a borrowed car which is needed by the owner again. I need my car to get the kids to school etc..... My x won't give it back.

Sorry.

He owns the car then.

AmberAmber · 24-01-2014 8:47pm

Brussels Sprout wrote: »

Surely if you 'steal' the car off of him he'll just steal it back

(also is it really possible to get a new key cut with just a car registration cert?)

hi , yea thats what I did . its the prof of ownership . Thats what I was told to do. I guess they get the chassie number off it to match key numbers.

ABajaninCork · 24-01-2014 8:49pm

Balaclava1991 wrote: »

Sorry.

He owns the car then.

No. Although the loans are in joint names, ownership depends on whose name is on the logbook. Names on a loan doesn't mean a thing.

So - if the OP's name is on the logbook, SHE owns the car!

(and can nick it back)

LegacyUser · 25-01-2014 12:59am

The registered name is not necessarily the legal owner of a vehicle. If the husband is paying the loan then he can claim the car. That said, if there is a lien on the car then it actually belongs to the finance co.

ABajaninCork · 25-01-2014 10:50am

Then if the car is on finance, depending on the type of finance in place it might still be in the OP's name. For example - if it's a CU/personal loan then it might be in her name. If it's HP or lease? Then yes. It will be in the finance company's name. And that'll be the name on the logbook. Merely paying the loan DOES NOT indicate ownership.

Getting a car back

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