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Can he demand this gift back?

41 replies

ilovewelshrarebit123 · 20/08/2017 21:20

I've posted in relationships about my dad and his abusive behaviour,

After a recent argument he's decided to disown me and I'm 'dead' to him.

Around 18 months ago he and my mum bought me a car. It was completely out of the blue, I knew nothing about it and they just gave me the keys. I was, of course delighted as my car was on its last legs.

I'd never asked them to do this and it was completely their decision and they said it was a gift.

He's emailed me today demanding the car back so he can sell it. I'm the registered keeper, it's insured in my name, so apart from the cost of it, it's mine.

He said as he's got a receipt for it he is entitled to take it back.

He has a spare key (I didn't know there was one) and said if I don't leave it outside their house, he'll come and get it.

Where do I stand, I have no means of getting another car and it would make things very difficult without it.

He's also refusing to let me in the house to visit my mum who has a terminal illness. She wants and needs me to visit, but she can't walk to the door to let me in.

He's effectively got her holed up in the house and verbally and emotionally abuses her daily but she's too unwell at the moment to do anything about it.

OP posts:
DPotter · 21/08/2017 17:36

Don't wait for you mum to decide when to call SS - call them yourself. Sometimes you have to act contrary to how the victim wants you to, in their best interest. Local authorities have an out of hours service - ring them this evening - this is urgent

As for the car - can you ask the CAB. Again if he's harassing you report him to the police

Manclife · 21/08/2017 17:46

Okay....if you're dad paid for the car he had a claim on it and it would not be tjeftbif he took it away. However, if your mother is willing to say it was a gift he has no claim on the vehicle. Get a crook lock to stop him taking it and call the police should he tutn up to take it.

Stop replying to his emails, texts and calls. If it is causing you problems call the police as it's technically a criminal offence (s2 Harassment) but be wary pf doing thid as it could result in your father being prosecuted and I'm guessing you wouldn't want that.

Manclife · 21/08/2017 17:46

*would not be theft

HeebieJeebies456 · 21/08/2017 17:47

unless he took car finance out in his name to get the car then he's got no claim to it.

if your name is on the log book then it's your car.
put a steering wheel lock on it so no one can steal it.

SuburbanRhonda · 21/08/2017 17:50

Could you park the car outside a friend's house or in a multi-storey car park for a few days while you focus on your mum?

BarbaraOcumbungles · 21/08/2017 17:51

It says in big letters at the top of the V5 'not proof of ownership'

heymammy · 21/08/2017 17:54

I really feel for you OP, what a shitty situation for you and your mum. Out of interest, does anyone know what does constitute proof of ownership where vehicles are concerned?

OP I would be calling social services anyway, even if it's just to get some advice.

AnnieOH1 · 21/08/2017 17:56

If you were dealing with bailiffs a receipt constitutes ownership not the V5. Hugs OP.

FuzzyOwl · 21/08/2017 17:57

A receipt or proof of payment constitutes ownership, or proof it was given as a gift (emails/text/present label that clearly states it).

ColdCottage · 21/08/2017 17:57

Looks like it's yours as it was a gift and you are the registered keeper

www.askthe.police.uk/content/Q743.htm

ColdCottage · 21/08/2017 18:01

With regards to your mother there do seem to be some red flags regarding how your father "cares" for your mother.

I would speak to the council and ask to be put though to adult social services as your father is abusing his use of power in the case of your mother (restricting her movements, who she sees, being verbally abusive -maybe record any future calls to your mum).

Speak to them and go from there. Good luck. Horrible situation.

Oh and agree a steering lock is a good idea so you don't turn up to find the car gone.

Alanna1 · 28/08/2017 23:27

Well, to start with I'd park your car somewhere else as well as buying the lock thing other people have suggested. Then I'd take some legal advice before I did anything else!

OutToGetYou · 28/08/2017 23:33

You can get locks changed on cars, it's a faff but might be less faff than selling and rebuying.
For now I'd park it somewhere else and put a steering wheel lock on it.

BitOutOfPractice · 28/08/2017 23:55

God what a horrible situation al round op. No advice apart from saying I think you need to get some professional advice about your mom.

RedastheRose · 29/08/2017 00:36

An unconditional gift is just that a gift. Once given it belongs to the recipient. Buy a crook lock and tell him in no uncertain terms that if he attempts to remove your car then you will call the police and report him for theft. Put a note inside the front window of the car saying that you are the registered keeper and anyone attempting to remove the car will be reported for theft which should stop him making up some lie about you stealing the car and getting a garage to come and load it up for him.

In relation to your mum speak to social services and make them aware of the situation and ask them what you can do to ensure her safety and wellbeing and to facilitate contact.

If this behaviour is out of character (from how he used to be years ago) then you may well be right about some form of dementia. It is very difficult to prove that though.

Willowkins · 29/08/2017 00:56

I can't help with the car but have you heard of the Silver Line for your mum?

"The Silver Line operates the only confidential, free helpline for older people across the UK that’s open 24 hours a day, seven days a week.

The helpline number is: 0800 4 70 80 90."

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