Question:
Sold my car to a supposed friend. Got buyer to sign a written agreement to pay off £50 per month. He paid 2 payments leaving £200 outstanding and will not answer any communication. Can I legally go and take the car back and hold it until he pays? He has the V5 document as the new keeper. The police are vague about it all.
Answers:
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Don't think you have a leg to stand on I'm afraid. You should have kept the V5 in your name until it had been paid in fullActually, I think you may be okay. In the UK there can be a difference between the owner of a vehicle and the registered keeper. Think of all those cars on finance, which are actually owned by the finance company but registered in the customer's name.
I'd go for a word with a solicitor to be sure, armed with your agreement. They'll usually give you the first interview free.
Good luck
If he is the new registerd keeper you dont have much chance of getting the car back all i can sugest is that you go see your friend face to face and ask for the balance. Good luck
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Yes, I believe you can. The V5 holder is not necessarily the owner, only the registered keeper. He's also in breach of contract. As long as you return any extras he added to the car, then you should be ok. The police should treat it as a civil matter. My Dad was a motor trader, & had to do this several times..:)
I assume that when you sold this car to your friend, you filled in the log book as the seller and your friend filled it in as the buyer.
This is a legal document and takes no account of the fact that the buyer has failed to pay for the vehicle, (that's your problem not the laws).
I note that you said you had a written agreement, I assume that this was written by and not witnessed in any way, that being the case it is of little or no good other than through the courts as proof that the vehicle was sold to this chap.
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If you were to go to your supposed friends house and reposses the vehicle, as the registered owner and keeper of the vehicle, he is quite entitled and legally obliged to inform the police who do have the option to prosecute you.
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A legal hire purchase agreement signed by both parties allows the seller to apply for repossesion of a vehicle if not paid for under the terms of the agreement. However even an HP agreement is dependant on how much of the outstanding balance has been paid.
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I assume your only agreement was a verbal one andd as such, this "Friend" is the legal owner of the car.
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Your only option is to go through the courts (though the costs of this will probably be more than he owes).
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differrent in differrent countries, best is to ask a lawyer, and you may need to have a sherrif go with you...LetsMore Questions & Answers ...
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