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Who OWNS a Car ?

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Who OWNS a Car ?

Postby inshallah » Mon Jan 22, 2018 6:42 pm

I will cut straight to the end question for now . I own a Car as I was left it in a Will. Before that was known another person used the Car whilst the person who passed away was
incapacitated AND managed to get himself detailed at the DVLA as keeper. HOW do I get the Car back and what are our respective positions ?

Thanka
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Re: Who OWNS a Car ?

Postby shootist » Mon Jan 22, 2018 9:38 pm

The crux of the matter is proof. Can you prove on the balance of probabilities that what you say is correct?
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Re: Who OWNS a Car ?

Postby inshallah » Mon Jan 22, 2018 9:42 pm

I have a copy of the WILL That's my proof.
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Re: Who OWNS a Car ?

Postby atticus » Mon Jan 22, 2018 9:46 pm

Do you have evidence that the testator owned the car at his death?

Suppose in 2010 I made a will in which I left you my Aston Martin. In 2015 I sold the car. If I die tomorrow, will the Aston Martin be yours?
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Re: Who OWNS a Car ?

Postby iwanttoaskaquestion » Tue Jan 23, 2018 10:10 am

Atticus, yes for sure he always owned it until his death . I suppose i should have phrased
it "does being the Registered Keeper TRUMP the ownership" ?. i.e can the Registered Keeper
say get lost to the person who was Explicitly left the Car in the Will ?.
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Re: Who OWNS a Car ?

Postby atticus » Tue Jan 23, 2018 10:17 am

Q1. No

Q2. No.

Please use just one account when posting in the same thread.
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Re: Who OWNS a Car ?

Postby diy » Tue Jan 23, 2018 11:15 am

Not with standing what atticus has said.. if you can prove ownership, you make a claim agianst the person keeping the car to deliver the vehicle. Perhaps in writing first, giving them a deadline. If he/she refuses you perhaps issue a letter before action setting out that you will claim for the value and the loss of use plus legal fees. hopefully this is within the realm of the small claim court. if that doesn't get you anywhere you issue a your claim. The court will judge the case and may order them to deliver the vehicle or pay your claim. Once that is all done you register the vehicle to you via DVLA using the paperwork to prove title.

being registered keeper is not really the priority. It is more of a burden than anything giving title.

being reg keeper is not title - it even says that on the forms
My suggestions are not legal advice
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Re: Who OWNS a Car ?

Postby shootist » Tue Jan 23, 2018 11:24 am

iwanttoaskaquestion wrote:Atticus, yes for sure he always owned it until his death .


How exactly, exactly mind you, could you prove that to a court? Without proof all you have is your word against his, and he has the car, and he is the registered keeper. Sure, the log book specifically states that the registered keeper need not be the owner. You will need to provide some evidence that the car was not legally transferred (sold, given, etc.) to the other bloke before you'll stand a chance.

I can't be sure from memory, but take this example to consider. Person A indisputably owns a car. He sells it to Person B. Person B has to inform DVLA in writing. So does Person A. DVLA, if given good reason, such as an ownership dispute, may supply on request for a modest payment full details of all documents relevant to that vehicle from a certain date. This will show who notified what, which may, or may not, help your case. They will be actual photocopies and so will also show the signatures on the notification documents, which may cast doubt on them if the previous keeper's signature doesn't match his usual signature.

As an afterthought, how do you know that the other person is the registered keeper on the log book? Have you seen it? Have you checked it with DVLA? Even if you've seen it, check it with DVLA in case it was a forgery.
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Re: Who OWNS a Car ?

Postby diy » Tue Jan 23, 2018 1:55 pm

Depending on how much the chap in possession of the car knows and how he plays his hand, makes it harder or easier for him to keep the car.
On the one hand the keeper could say "I didn't know grandad left you the car, so as I was using it before his death, I I re-registered it and now I'm the keeper which means I own it" (stupid) or he could say "grandad said I could have it, he must have forgotten he left it to you in his will" (smarter). In which case, unless the Will specifically handles this by granting other replacement assets (e.g. or any other car in my possession, or property to the value of etc.) then the gift adeems (fails). If the current keeper is not a relative of the person gifting the car, then it make be easier to argue that there would have been a purchase/receipt etc.

So if the will says - I give little johny my ford escort and grandad forgot this and gave it to someone else, then the gift to johny fails.
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Re: Who OWNS a Car ?

Postby atticus » Tue Jan 23, 2018 3:28 pm

Sorry if this comes across as priggish, but I am uneasy that the previous poster has just told people in the position of the person with possession of this vehicle what they ought to say, whether it is the truth or not. There are other ways of pointing out to the OP that his case may not be clear cut.
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