I took out a loan, I bought a car, I still pay, registered in ex's name, can i claim it back?!?
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I took out a loan, I bought a car, I still pay, registered in ex's name, can i claim it back?!?
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I took out a loan, I bought a car, I still pay as the car isn't collateral but it's registered in my ex's name, she has the car and says it was a gift. The loan balance equals the car value, is there any way i can claim the car back?
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bundysmom
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Unless you can prove you are the legal owner, no you have no right to the car. Since it's registered and titled in someone else's name...good luck. |
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royride
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Contact your local Title Bureau. If the loan is exclusively in your name, i.e. she didn't co-sign, then you should have the ability to change the registration over into your name. At that point, if she doesn't have the loan on the car, and it's not registered in her name any longer, her failure to return the car would constitute Grand Theft Auto.
Good luck, and in the future always register it yourself, even if it is a pain in the butt once every year or two to get the plates, tags, etc. It's still alot less hassle than all this!!
P.S. Hindsight is 20/20, so just learn from it & don't beat yourself up too much!! |
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carol p
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no just stop the payments car will be taken by the loan company end of problem |
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Billy TK
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WHY are you still paying, let them re-po the car. I do not think you'll get your "gift" back. |
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WelshLad
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Got to your local citizens advice bureau cause if you just stop payments and they take the car away - it will affect your credit rating not hers. |
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My name's MUD
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The registered keeper is not necessarily the legal owner.
From your question I think that you took out a bank loan, and not a car loan.
You can take your ex to the small claims court for the car, if you solely bought it.
Now as you actually own the vehicle, you could also instruct a bailif to get the vehicle back on your behalf. Then you can sell it and pay the loan off. |
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The original Peter G
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Tricky problem. If you stop paying the car may be repossessed, but the black mark will go on YOUR credit record. I think you need to have a lawyer send a request for the return of the car, and depending on the response decide whether to go to court or not.
NB 1 "gifts" are not usually returnable, so you need to look at the paperwork to see how the car was transferred to your ex. If you signed the transfer form you may have a problem.
NB 2 Did you breach the terms of the loan by disposing of the car? If so you didn't have the right to gift it and can claim it back; you might have to pay something for the inconvenience to your ex though. |
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funnyman_46750
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Best bet is to go to court. You have no learned a hard lesson about "giving" a gift. Next time make sure the car is in your name not theirs. |
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fisherwoman
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The car legally belongs to your ex, even though the loan is in your name. I'm curious though, why the lender didn't require you to be on the title, that would be the normal way to handle the loan. Regardless of that, you have no rights to the car, simply because of the method used when registering and titling the car. If you don't pay the loan, your credit will suffer, so it's better if you two can work something out. |
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Just William
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I do not know if you are resident in the UK but if you are and you stop paying for the car the finance company will re-posses the vehicle and sell it at auction to the highest bidder. This is generally well below the value of the car and will certainly mean that the finance company are still owed money. The difference between what the car was auctioned for and the money owed on finance will be down to you. If you do not pay, your credit rating will be affected. You have only a 2% chance of reclaiming the car from your ex' |
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bustov1965
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It depends on which state you live in.If you can try looking up an online legal advice for your state.In many instances there are lawyers who will give you advice for free.Some sites might charge a slight fee.In the end,it might be best to go to small claims court.Tell your story,bring as much info as possible.If it was a gift and you are not together anymore(married? or just dating?)Tell the judge that since you are not together and if she wants the car,she should pay you the amount of the loan owed or at least buy you out.If you are trying to be fair this may work out.I would NOT suggest walking away from the loan as this will hurt your credit.Good luck. |
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