Please help - DD & ex-BF

[chocolateworshipper]

DD stupidly let her BF have the spare key to her car. They broke up and he is refusing to return the key. They went on holiday together, which he put on his credit card. The agreement was that she would pay him back her half in instalments, with everything to be repaid by Christmas. She has paid the agreed amount, but he is saying she can't have her car key back until she has paid everything back. Can anyone advise if this is legal? There were no terms attached to her repaying the holiday money, other than it would be repaid before Christmas - and certainly no condition that he could keep the car key as collateral! Thank you.

A contract doesn't have to be in writing to be valid or enforceable

It does.

The car doesn't belong to him, and his name is not on the logbook? Also if he takes the car out uninsured, your DD would be liable also as she has given him possession of the key.

I'd be calling the police to retrieve the key.

@YeTalkShiteHen This is such a basic tenet of contract law that I'm willing to bet (and hoping) that you're not a lawyer. It also vexes me terribly how people who don't know what they're talking about come on Legal and post shit like this. Don't you realise you're contributing to public ignorance?

if he takes the car out uninsured, your DD would be liable also as she has given him possession of the key.

Unless the law has changed since I last looked this is completely wrong.

Collaborate no I’m not a lawyer, I never claimed to be.

I am, however, someone owed a fuck ton of money that I can’t do anything about because it wasn’t written down. Told to me by lawyers (solicitors) and a sheriff.

Could you not help DD pay him the rest now and be done with it?

It's essentially him having a power trip over her.

@Collaborate

www.thisismoney.co.uk/money/cars/article-2211934/How-face-5-000-fine-lending-car.html

@YeTalkShiteHen Not being able to prove the existence of a contract is one thing. A verbal contract is enforceable.

@SimplySteve the link is to a situation different to OP’s daughter. She no longer allows the bf to drive the car. If he took it he would be taking without consent.
Also you said daughter would be liable. The link doesn’t support that view either if you mean civil liability.

She no longer allows him to drive the car but he has a key to it. I think we'll both agree it's in her best interests to have that key removed from his possession asap.

Collaborate is absolutely right, a contract is made when there is offer, acceptance and consideration. A contract in writing is useful to evidence the terms but is not necessary for the contract to exist. Evidence can be a witness statement laying out the background and the terms agreed and ancillary evidence, and in those cases it will be decided by a court on the basis of the credibility of the witnesses and any other evidence such as work carried out, bank or cc statements showing payments made etc so yetalkshitehen. Were the boyfriend to take the car without permission that is a criminal act on his part.

Thank you all for taking the time to offer suggestions and advice. I am pleased to say that things have been resolved and DD has her key back.