Legal stuff about gift giving
Legal stuff about gift giving
Author
Discussion

Raize

Original Poster:

1,476 posts

199 months

Tuesday 20th September 2011
quotequote all
So my dad got me a car 2 years ago for my birthday, he paid for it, but stated it is my birthday present, however he is registered keeper. Do I own the car?

mmm-five

11,975 posts

304 months

Tuesday 20th September 2011
quotequote all
Registered keeper is not the same as owner.

You could buy a car and be the legal owner, but as you're away from home a lot you might register it in someone else's name so they can use it and do the admin for you (tax, insurance, speeding tickets, etc.)

No different to a lease company being the owner of a car, but the driver being the registered keeper.

Raize

Original Poster:

1,476 posts

199 months

Tuesday 20th September 2011
quotequote all
True, but that doesn't really answer my original question.

Steve H

6,542 posts

215 months

Tuesday 20th September 2011
quotequote all
The answer is that it's up to you and your Dad to say who owns it, is it something you are likely to fall out about?

Piepiepie

1,347 posts

174 months

Tuesday 20th September 2011
quotequote all
He paid for it, it's his car, no debate, regardless how much you use it.

Proving it may be more difficult if he doesnt have the invoices or receipts from the purchase.

Raize

Original Poster:

1,476 posts

199 months

Tuesday 20th September 2011
quotequote all
Its to do with insurance, like everything I post.

If I've owned the car for 2 years, the premiums are less for some reason. But I'm not sure whether I can legally say "I bought the car 2 years ago", but then again I sort of did since it was a gift...

GeraldSmith

6,887 posts

237 months

Tuesday 20th September 2011
quotequote all
Steve H said:
The answer is that it's up to you and your Dad to say who owns it, is it something you are likely to fall out about?
Exactly. If there is a dispute between you the evidence is that he owns it but if you both agree he's given it to you then it's yours.

randlemarcus

13,642 posts

251 months

Tuesday 20th September 2011
quotequote all
I'd have thought you'd have found it cheaper to insure if you were the RK over the last couple of years. You are the main driver, and have answered No to the question Are you the owner/registered keeper, yes?

Raize

Original Poster:

1,476 posts

199 months

Tuesday 20th September 2011
quotequote all
randlemarcus said:
I'd have thought you'd have found it cheaper to insure if you were the RK over the last couple of years. You are the main driver, and have answered No to the question Are you the owner/registered keeper, yes?
RK can be transferred without a "purchase" though. Since its seperate to ownership. If I'm already the owner, my dad could easily make me the RK, and as far as I can see I'll technically be able to say I "bought" the car 2 years ago.

Edited by Raize on Tuesday 20th September 20:22

randlemarcus

13,642 posts

251 months

Tuesday 20th September 2011
quotequote all
RK transfer will add another owner to the V5C, though, so when they ask for the V5 when it goes bang into something, and you have falsified a material fact on the proposal, that's you screwed.

I hope you've saved enough in the last two years (he said, assuming that your Dad is the main driver on the policy, and you are a named driver to save money)

catman

2,503 posts

195 months

Tuesday 20th September 2011
quotequote all
I don't see whether you bought it or not, is relevant. If it was gifted to you, and that isn't in dispute, then it's yours.

Why don't you just get your name on the log-book?

Tim

Raize

Original Poster:

1,476 posts

199 months

Tuesday 20th September 2011
quotequote all
randlemarcus said:
RK transfer will add another owner to the V5C, though, so when they ask for the V5 when it goes bang into something, and you have falsified a material fact on the proposal, that's you screwed.

I hope you've saved enough in the last two years (he said, assuming that your Dad is the main driver on the policy, and you are a named driver to save money)
As it stands my dad could be the main driver with me as named driver, and that would cost £1500 because he/we/whatever owned the car for 2 years.
If I could become the RK while still having "owned" the car for 2 years, then the quote would be £1700.
If I have to "buy" the car off my dad, effectively resetting this ownership clock from 2 years to zero, then it would cost a whopping £3700.

The big question is whether if I change the RK to myself, does my ownership of the car for 2 years stick.

I don't intend on doing anything illegal, and a "named driver" policy would most certainly not be fronting as he'd be the main user of the car anyway!

Jasandjules

71,652 posts

249 months

Tuesday 20th September 2011
quotequote all
catman said:
I don't see whether you bought it or not, is relevant. If it was gifted to you, and that isn't in dispute, then it's yours.
Correct. When an item is given as a gift then legal title passes to the recipient.


DPX

1,027 posts

220 months

Tuesday 20th September 2011
quotequote all
Why is dad still the owner ?

I purchased car for offspring for 18th in to BMW wants mini what colour , service insurance ... cheque

It is BMV and her problem now .

And has she given them stress , free valet monthly now


skwdenyer

18,511 posts

260 months

Wednesday 21st September 2011
quotequote all
Raize said:
So my dad got me a car 2 years ago for my birthday, he paid for it, but stated it is my birthday present, however he is registered keeper. Do I own the car?
Yes, you own the car. It would be handy to have something written down (and dated) to say that that is so. Who is the RK is not relevant to that discussion.

Steve H

6,542 posts

215 months

Wednesday 21st September 2011
quotequote all
The RK is relevant to the discussion.

If you transfer it now but say it was your all along really then why was your dad the official main driver for all this time? If you transfer it now on the basis that is now becoming yours then you obviously have to pay the higher insurance.

You could try along the lines of your dad bought it for you in the first place so it was yours but you weren't using it much at first so he kept it and was thus the registered keeper, now that you are using it more you are transfering the RK over. Problem with this of course is that the insurance company no doubt would not be happy to count those two years as your ownership having just given a much cheaper rate for two years on the basis that your dad was the main driver.

One way or the other if you are asked any detailed questions this is not likely to work out how you'd want. If you aren't asked any detailed questions you still have an obligation to disclose all relevant facts.................

Jasandjules

71,652 posts

249 months

Wednesday 21st September 2011
quotequote all
Main driver and registered keeper are not one and the same. Who holds legal title is not the same as who is the registered keeper or who is the main driver......


BertBert

20,680 posts

231 months

Wednesday 21st September 2011
quotequote all
It's very simple. If your father bought it as a birthday present 2 years ago then it's yours and has been since that birthday.

A simple "to whom it may concern" note from your Dad confirming he bought it two years ago and gave it to you on your birthday should be enough if you ever need "documentary" proof.

Bert

V8 Vum

3,206 posts

241 months

Wednesday 21st September 2011
quotequote all
Sorry for the hijack...but it is relevant..sort of!

This stupid RK vs Main Driver Vs Owner thing is a friggin minefield and not much help to anyone given some of the certain unexpected circumstances I have read on this forum over the years.

Wouldn't it be better that the OWNER was registered centrally as evidenced by purchase or gift and therefore is ultimate responsible party and most importantly seen as the legal owner in any dispute? I am now thinking about a recent thread where a car was apparently acquired by a rogue clamping company and within a few days the docs changed to show a different RK (themselves), and then sold through auction? In this case even though the police were informed...they didn't apparently see it as THEFT!!!!

The Owner should show due diligence when giving authority for granting RK status to another (perhaps paert of the V5 doc/ contract?)..and the RK the same for a Main driver (or maybe not)???? Would this work? At least the chain of responsibility is clear and obvious????
Probably talking twaddle, but it is a point of discussion IMHO, as the current model is full of holes!

Ozzie Osmond

21,189 posts

266 months

Wednesday 21st September 2011
quotequote all
V8 Vum said:
Wouldn't it be better that the OWNER was registered centrally as evidenced by purchase or gift and therefore is ultimate responsible party and most importantly seen as the legal owner in any dispute?
The Registered Keeper is the person who is "responsible" for the vehicle in the eyes of the authorities. If the registration number is reported for an accident or offence it is the person (or company) responsible for the physical vehicle who needs to be contacted.