Ex-girlfriend won't give back motorhome that she doesn't own
Discussion
Hello,
My uncle was going out with a girlfriend for about 5 years and she said how she always wanted a motorhome. The relationship was a bit rocky and my uncle stupidly (despite numerous warnings from his family) bought a motorhome for her to use as he thought this could smoothen things out. He got it custom built for about £50k and the guy who built it who also knew the ex warned him about having it built for her. Still he bought it not as a present but for her use not a gift. This my uncle explained in an email to her. My uncle insures it as the insurance company excepts him as the owner but my uncle doesn't have any keys to it or is the registered keeper.
Surprise surprise they split up and she has been physically violent not only to him but also her neighbours (who rang the police but no arrests made). He now wants to sell the motorhome but the ex is having none of it. It's also now parked on a farm nearly 150miles from where he lives but a few miles from where she lives.
Our question is what is the best way to get this back if she is refusing for it to be sold or hand over the keys over? We want him to avoid going there to get the keys from her in fear of him been physically attacked ( he's the sort of guy who wouldn't hurt a fly). Are there any recovery agencies that would do this and what would a solicitor advise?
Many thanks
My uncle was going out with a girlfriend for about 5 years and she said how she always wanted a motorhome. The relationship was a bit rocky and my uncle stupidly (despite numerous warnings from his family) bought a motorhome for her to use as he thought this could smoothen things out. He got it custom built for about £50k and the guy who built it who also knew the ex warned him about having it built for her. Still he bought it not as a present but for her use not a gift. This my uncle explained in an email to her. My uncle insures it as the insurance company excepts him as the owner but my uncle doesn't have any keys to it or is the registered keeper.
Surprise surprise they split up and she has been physically violent not only to him but also her neighbours (who rang the police but no arrests made). He now wants to sell the motorhome but the ex is having none of it. It's also now parked on a farm nearly 150miles from where he lives but a few miles from where she lives.
Our question is what is the best way to get this back if she is refusing for it to be sold or hand over the keys over? We want him to avoid going there to get the keys from her in fear of him been physically attacked ( he's the sort of guy who wouldn't hurt a fly). Are there any recovery agencies that would do this and what would a solicitor advise?
Many thanks
No company would go and collect this as it would be clear theft.
She has the keys, she has the V50 in her name, and it's parked near her home. He's going to have to seek legal advice on this as to whether he can demonstrate that it was only a loan whilst they were together as opposed to a gift.
Looking at the facts it's in her name, she has the keys, it was custom made for her, that's going to be a tough one to prove.
She has the keys, she has the V50 in her name, and it's parked near her home. He's going to have to seek legal advice on this as to whether he can demonstrate that it was only a loan whilst they were together as opposed to a gift.
Looking at the facts it's in her name, she has the keys, it was custom made for her, that's going to be a tough one to prove.
Dan_M5 said:
V5 does not prove who own's it. You paid for it and have the receipt for it, you own it.
True, of course. I'm the registered keeper of my vehicle, but the finance company own it. But they'll have a paper trail to show payments. If there is so such trail and she can prove it was custom built for her, it's not as clear cut as we might hope.The way I see it he's got 2 options,
Option 1 would be to go civil action on her. Get a lawyer, get them to write some letter saying he wants his property back, cite some laws and put her on notice to not sell/damage/use it and then threaten court action. Personally I feel if he has an invoice in his name and can prove he paid for it then I think its actually a battle he can win.
Option 2 would be to go see a vehicle recovery agent with the invoice/proof of payment/solicitors letter citing relevant laws as to title etc and have it put in secure storage. Apply for the V5 and sell. The key here would be to convince the police (if contacted) that it's a civil matter. Given some of the crazy stories you hear about the police not getting involved in 'he said/she said' arguments I think that would work. Let her then go civil on him.
I feel the whole possession is 9/10ths of the law is very relevant here and as such if he has the balls and access to an easily persuaded recovery agent who can take the motorhome and leave an explanatory letter then it wouldn't surprise me if he got it back with a minimum of fuss.
I am not a lawyer by the way and these are just my own ramblings.
Good luck!
Option 1 would be to go civil action on her. Get a lawyer, get them to write some letter saying he wants his property back, cite some laws and put her on notice to not sell/damage/use it and then threaten court action. Personally I feel if he has an invoice in his name and can prove he paid for it then I think its actually a battle he can win.
Option 2 would be to go see a vehicle recovery agent with the invoice/proof of payment/solicitors letter citing relevant laws as to title etc and have it put in secure storage. Apply for the V5 and sell. The key here would be to convince the police (if contacted) that it's a civil matter. Given some of the crazy stories you hear about the police not getting involved in 'he said/she said' arguments I think that would work. Let her then go civil on him.
I feel the whole possession is 9/10ths of the law is very relevant here and as such if he has the balls and access to an easily persuaded recovery agent who can take the motorhome and leave an explanatory letter then it wouldn't surprise me if he got it back with a minimum of fuss.
I am not a lawyer by the way and these are just my own ramblings.
Good luck!
Soov535 said:
What did he say at the time he bought it? Did he make it clear it was his and for her to use only?
This.If it can be demonstrated that, on the balance of probabilities, it was not an unconditional gift to her, the uncle can issue proceedings for delivery up in the county court.
Just spoke to him again (it's honestly not me) and clarified the following:
1) The V5 is in her name.
2) She does have the keys.
In my uncles favour I think:
1) He has 3 invoices for it as the payments are in his name so yes his name is on the invoice.
2) I haven't seen them but he says he sent her two emails clearly quoting that this was for her use but not a gift. I asked him if he asked her to sign this but he hadn't.
3) The person who built it would verify it was not meant to be a gift to the ex ( don't really thing this would help much as guess it's what my uncle has said to the ex that is important not the person who built it).
My other concern is that if she gets wind of a legal process then ( I've seen this before again with someone's ex who was just insured on a financed supermini. The ex then left it on a grass verge so severely vandalised it wrote the car off but sadly no official evidence it was her) she is the type who would either burn it or vandalise it leaving my uncle with the cost after or simply make disappear.
So I gather from the responses no private company would reclaim this, the police wouldn't be interested so best and proper option is to contact a solicitor and start a legal process.
Also I saw mentioned one of my cars is under finance I am the registered keeper however it's not me who actually owns it.
1) The V5 is in her name.
2) She does have the keys.
In my uncles favour I think:
1) He has 3 invoices for it as the payments are in his name so yes his name is on the invoice.
2) I haven't seen them but he says he sent her two emails clearly quoting that this was for her use but not a gift. I asked him if he asked her to sign this but he hadn't.
3) The person who built it would verify it was not meant to be a gift to the ex ( don't really thing this would help much as guess it's what my uncle has said to the ex that is important not the person who built it).
My other concern is that if she gets wind of a legal process then ( I've seen this before again with someone's ex who was just insured on a financed supermini. The ex then left it on a grass verge so severely vandalised it wrote the car off but sadly no official evidence it was her) she is the type who would either burn it or vandalise it leaving my uncle with the cost after or simply make disappear.
So I gather from the responses no private company would reclaim this, the police wouldn't be interested so best and proper option is to contact a solicitor and start a legal process.
Also I saw mentioned one of my cars is under finance I am the registered keeper however it's not me who actually owns it.
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