Bailiff taking my car?

[Getoutanddrive]

Ok. So this is potentially a long one.

Currently divorcing my abusive ex husband
Financially, physical, emotional abuse
My ex has taken everything even though we still haven’t had the financial hearing
Feb he declared bankruptcy
My child and I will soon be homeless as there is no money in the house

Thats the quick backstory.

Ex took my car last year that I had driven since we bought back in 2021 it but the finance was in his name. He told me to ‘return it to him’ when he left otherwise he’d report it stolen to the police. I was scared and I returned the car. I did ask if I could have ‘his’ car in exchange (my car was a 2021 car his car was about 2016 car with 80000 miles on it). He agreed and said in a solicitors letter to me that he’d transferred ownership via the DVLA.

Cut to yesterday, a bailiff agency called up and said they’re coming to take my car (the old 80000 one - which subsequently hasn’t worked since I got it and so I haven’t had a car since we did the exchange). My ex told them that even though he said he transferred ownership via the DVLA it never actually happened as the DVLA wouldn’t allow it without the log book?

Do I have any right to the car? He said in a solicitors letter that it was in my name?

obviously the nice new car he took off me he’s placed in his mothers name and is safe and he has a car but I now potentially won’t?

[SunStorms]

Ownership of a car is different from being the registered keeper of the car with the DVLA.

The solicitors letters should be enough to prove ownership to the bailiffs. You should contact the DVLA to sort out the registration yourself.

[DistinguishedSocialCommentator]

@SunStorms

Ownership of a car is different from being the registered keeper of the car with the DVLA.

The solicitors letters should be enough to prove ownership to the bailiffs. You should contact the DVLA to sort out the registration yourself.

Show them the route, bank trail of your money paying for the car, thay will defo do the trick - we have had receipt from the main dealer when we have paid for our cars.

Aslo, show them the insurance application forum and insurance where it often asks are you the "legal owner"

So, show them, give them the evidence to get them off your back

Good luck

[ComtesseDeSpair]

You need legal advice. How soon before his filing for bankruptcy did the transaction for the car take place? It’s a relatively common trick for an individual going bankrupt to first transfer assets to a spouse or family member to try to prevent them being seized, and the trustee in bankruptcy may view this as being such, regardless of any letter from your STBHX about his intention to give you ownership or who the registered keeper is now, particularly if no money changed hands.

[Shade17]

As a PP has said, the DVLA have nothing whatsoever to do with ownership of a car.

[loudbatperson]

Has the finance been paid off the newer car? If not then it doesn't belong to either of you, it belongs to the finance company. The DVLA only has a record of the registered keeper. Having the VC5 in your name does not prove ownership.

If the car finance has been defaulted the car will be repossessed by the finance company and there is nothing you can do, as you are not the owner or finance holder.

In regards to his older car, assuming owned outright, you will need to prove ownership of the car, and things could get sticky if you didn't pay him for the car and the bailiffs became involved before he gifted it to you.

I doubt you are going to have a much of a leg to stand on unless the newer cars finance is fully paid and you can prove you made all payments. Even then it's going to need some fight to prove it cannot be considered an asset of your ex.