Who legally owns the car in this situation...

[2002 Tii]

Ok, this is probably a question for some of the fuzz on here

Someone i know sold a car to a guy but the buyer only paid half the money and agreed with the seller that he would pay the rest when he got paid. At the time the seller joked and said that if he didn't pay the rest then he would go down with the spare key and take it back lol

The buyer is now doing a bit of hide and seek, not answering the phone, replying to messages, etc. Its about 4 weeks since he was supposed to pay the rest, its only a couple of hundred quid but it still should be paid obviously.

So my question is, who LEGALLY owns the car? Would the seller be comitting a criminal offence if he went and drove the car away with the spare key?

 

[chunkerz]

suppose u got the thing of prove he owes him money as he could of haggled the price

the new owner owns the car

thats my view

i wouldnt off let him have car or even v5 without full payment

 

[Graham2]

If he's still the registered keeper then its still his, to the best of my knowledge. If not, he may get the boys down.

 

[2002 Tii]

being the registered keeper on the V5 doesn't necessarily mean ownership though...

 

[Graham2]

How else can you legally own the car tho? Presumably he doesnt have a formal receipt of sale?

 

[Graham2]

Some info here, Craigyboy

http://forums.moneysavingexpert.com/showthread.html?t=697953

I think the only time the V5 isnt regarded as the legal owner is when there is a hire purchase involved or in the presence of a formal receipt.

 

[stevyg]

If someone hasn't paid the car in the full amount that was agreed then the previous owner still owns the car. Same way car finance company's work, if you take out a loan for a car they own the car until the loan is payed and even if you pay it all except the last £10, the car can be repossessed. Meaning even though you've bought the car you haven't paid for it in full so its not 'legally' yours. In this case of course it would have to be proven in court because thats where it will have to go if no progress is made. Silly mistake letting a car go before its been paid in full IMO

 

[2002 Tii]

Nah theres no reciept or owt. He's actually a squaddie so we thought it would be safe enough to let him pay the rest when he got paid...

 

[stevyg]

And as for the repossession I think that would have to be handled through a repossession company legally and not just a case of DIY lol but if it was me I would prob do it myself as I think it would be a laugh

 

[2002 Tii]

If someone hasn't paid the car in the full amount that was agreed then the previous owner still owns the car. Same way car finance company's work, if you take out a loan for a car they own the car until the loan is payed and even if you pay it all except the last £10, the car can be repossessed. Meaning even though you've bought the car you haven't paid for it in full so its not 'legally' yours. In this case of course it would have to be proven in court because thats where it will have to go if no progress is made. Silly mistake letting a car go before its been paid in full IMO

yeah thats what i thought would be the case.

and it wasn't my car, i wouldn't be letting a car go without it being paid for in full unless i knew the buyer very well of he was a mate.

 

[chunkerz]

If someone hasn't paid the car in the full amount that was agreed then the previous owner still owns the car. Same way car finance company's work, if you take out a loan for a car they own the car until the loan is payed and even if you pay it all except the last £10, the car can be repossessed. Meaning even though you've bought the car you haven't paid for it in full so its not 'legally' yours. In this case of course it would have to be proven in court because thats where it will have to go if no progress is made. Silly mistake letting a car go before its been paid in full IMO

thats a signed contract thou

prob best having word with buyer and getting them to pay up maybe they will give more over but skinted atm to avoiding him

 

[Graham2]

Report it stolen

 

[2002 Tii]

And as for the repossession I think that would have to be handled through a repossession company legally and not just a case of DIY lol but if it was me I would prob do it myself as I think it would be a laugh

yeah i would have lifted it with the spare key lol

its only a £350 car, so not big money involved, but its bad craic not paying up

 

[stevyg]

thats a signed contract thou

prob best having word with buyer and getting them to pay up maybe they will give more over but skinted atm to avoiding him

A verbal contract still holds up in court.

Yea I would call at his house with a few mate to maybe intimidate him a bit. Not big money so it wouldn't be worth going to court over but its still the principle of taking a car without paying for it in full. Get the spare key out

 

[2002 Tii]

Its not really my pronlem, but the seller is kinda passive over the whole thing and i suspect he's going to write the money off to avoid the hassle....

 

[avo5021]

Personally speaking craig i would say the original owner is still the legal owner as the second geezer hasnt paid for the good in full as yet..

i think it would involve civil court though to get the rest of the cash out of him...

 

[Chris Mac]

Report it stolen

thats what id be doing

 

[2002 Tii]

Personally speaking craig i would say the original owner is still the legal owner as the second geezer hasnt paid for the good in full as yet..

i think it would involve civil court though to get the rest of the cash out of him...

yeah i know its a civil matter, it'll never go as far as court, for the sake of a couple of hundred quid. the seller has spoken to the guys CO about it so hoping to get it that way. just wondering if we were to 'repossess' the car would it become a criminal matter...

 

[roverspeed]

Go find the car and take half of the parts of it,

 

[Alan_B]

Was there another person there when the verbal agreement was arranged or just the buyer and seller? If there was then that helps alot if he could be bothered to take it to court.

Spare key sounds more fun to me though!

 

[J Man]

i def wouldnt of handed my car over to him in 1st place

 

[wiggee]

if you know where he is stationed report him to the , c/o , youll have to go to the gate but theyll certainly pull him on it....

if he has the v5 in his name he is the owner id say ...

 

[2002 Tii]

Was there another person there when the verbal agreement was arranged or just the buyer and seller? If there was then that helps alot if he could be bothered to take it to court.

Spare key sounds more fun to me though!

nah it was just the buyer and seller there afaik.

it'll never go to court, the seller will just write it off and put it down to experience rather than mess about going to court over £200

 

[2002 Tii]

if you know where he is stationed report him to the , c/o , youll have to go to the gate but theyll certainly pull him on it....

if he has the v5 in his name he is the owner id say ...

The seller works in Thiepval and had already spoken to his CO, just the guy is playing a wee game of hide and seek at the minute..

 

[2002 Tii]

Been told that the remainder of the money (its actually £250 owed) is being paid tomorrow. The guy has bought another car so we are going to try buy the clio back from him at a bad price