Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Car - how to get it back from ex partner

21 replies

Nightmanagerfan · 24/01/2023 22:51

I hope someone has some knowledge in this area - it's a long story not involving me, but advice needed to try to resolve this situation.

Relationship has broken down between two people, who cohabited but weren't married. No joint assets or bank accounts.

Person 1 who I'll call Sally owned two cars. Paid for both in full. Unbeknownst to Sally,
Person 2, who I'll call Kate, had put the log book for one of the cars in her name.

Kate leaves Sally's home when they break up and takes the car with her. Kate is refusing to give it back. Sally has proof of purchase but no log book.

Police say it's a civil matter and won't get involved.

What can sally do to get the car back? It's worth five figures and she can't afford to lose it.

Many thanks in advance for any advice.

OP posts:
Daisymay2 · 24/01/2023 22:57

Isn't there a comment on the V5C (logbook) that the keeper , the person named on the V5, may not be the owner? I would suggest going through the dvLA website and /or ask them for advice.
Has Sally put her request for the return of her propertyin writing?

Nightmanagerfan · 24/01/2023 23:04

Daisymay2 · 24/01/2023 22:57

Isn't there a comment on the V5C (logbook) that the keeper , the person named on the V5, may not be the owner? I would suggest going through the dvLA website and /or ask them for advice.
Has Sally put her request for the return of her propertyin writing?

I'm not sure re the V5 - I can check. DVLA confirmed legal ownership is separate but couldn't advise on the practicalities.

Yes - request made politely by email and got a tirade of abuse back so don't think it's going to be returned.

If Sally finds out where the car is, could she just go and get it? She has a key. How then would she change the log book?

OP posts:
Daisymay2 · 24/01/2023 23:12

Dunno.
If Sally goes and collects the car, she needs to be careful. She could be accused of stealing anything belonging to Kate which is in the car.
If she gets over that, and takes her car back, then she runs the risk that Kate will just take it back again if she discovers the car.
Sally might do better to take some legal advice- does she have legal cover on the car or house insurance?

Nightmanagerfan · 24/01/2023 23:15

That's a fab idea about legal advice on the house insurance - I'll ask her. Thanks for your help

OP posts:
prh47bridge · 25/01/2023 00:17

The V5 does not prove ownership.

The police are correct that this is a civil matter.

As the car is worth five figures, this will not be a small claim. Sally needs to consult a lawyer.

Pompom2367 · 25/01/2023 05:25

Dp had similar with ex op she can go and take it legally

Nightmanagerfan · 25/01/2023 10:01

That's so interesting @Pompom2367

Do you mind telling me if your partner literally went to get it? Were there any ramifications? Thanks so much

OP posts:
Deathbyfluffy · 25/01/2023 10:19

It’s theft - I’ve had similar and after some pushback the police visited me to look at the documents.
I showed I’d paid for the car, they visited the other person who had nothing to show they’d paid, I got the car back.

Nightmanagerfan · 25/01/2023 10:21

@Deathbyfluffy I wonder if that's the route to go down - the police said it's a civil matter but might be worth a try

OP posts:
NotDavidTennant · 25/01/2023 10:29

If it's a dispute over who owns the car it's a civil matter. If one person definitely owns the car and the other person has taken it without their consent it's a criminal matter. It matters a lot how you present the scenario to the police as they won't get involved in the first scenario but should get involved if you can convince them the latter scenario applies.

Eastereggsboxedupready · 25/01/2023 10:30

Take a box. Pack up any of their personal belongings. Send them recorded delivery to their home and go get your car!

mycatsanutter · 25/01/2023 11:57

The V5 shows who is responsible for taxing the vehicle it is not proof of ownership but the purchase invoice is . I would just go and get it and word a strongly worded e Mail saying that if that kind of stunt is pulled then solicitors will be involved . I think to change the V5 didn't she have to forge a signature then ?

Daisymay2 · 27/01/2023 11:32

@Nightmanagerfan Mycat has a point. How did the V5 end up in Kate's name? If she forged Sally's signature to get it changed to her name, then that is fraud which might be or more interest to the authorities.

Nightmanagerfan · 27/01/2023 12:44

@Daisymay2 my understanding is that at the time of purchase Kate went to register the car and put the V5 in her name without telling Sally. I don't know if a signature would have been needed at this point?

The CAB have advised getting a police report, so that's the next step.

OP posts:
ErinAoife · 27/01/2023 12:50

If the car is under her name on the log book, there isn't much your can do even if you paid for it yourself.

SheTalksTheBullshit · 27/01/2023 12:53

ErinAoife · 27/01/2023 12:50

If the car is under her name on the log book, there isn't much your can do even if you paid for it yourself.

If the person who bought it has a receipt in their name, and the other person does not, then the one with the receipt is the owner

ErinAoife · 27/01/2023 13:49

Bit of a minefield to prove who is the real owner of the car. The xar could have been gifted reason why her name is on the log book buy due to relationship breakup, the person who paid the car wants it back. Who knows

prh47bridge · 27/01/2023 16:33

ErinAoife · 27/01/2023 12:50

If the car is under her name on the log book, there isn't much your can do even if you paid for it yourself.

Rubbish. The log book does not prove ownership.

prh47bridge · 27/01/2023 16:34

SheTalksTheBullshit · 27/01/2023 12:53

If the person who bought it has a receipt in their name, and the other person does not, then the one with the receipt is the owner

Not necessarily. The person who doesn't have the receipt can argue the car was a gift, for example.

TinyTurtlehalfshell · 14/11/2024 23:56

Nightmanagerfan · 27/01/2023 12:44

@Daisymay2 my understanding is that at the time of purchase Kate went to register the car and put the V5 in her name without telling Sally. I don't know if a signature would have been needed at this point?

The CAB have advised getting a police report, so that's the next step.

Did you ever get to the bottom of it? In a similar situation myself.

Nightmanagerfan · 15/11/2024 19:44

Hello. In the end "Sally" decided she didn't want the agro and confrontation of trying to get the car back, and just decided to leave it.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread