Does anyone know where i stand legally on this dispute?

Question

I have lent a car to a friend and colleague of mine for about a year. Due to a change in circumstances i now want it back and he refuses to return it. What do you recommend i do? The car is paid for and registered in my name.

Answer 1

If the car is registered to you - that is, if the title is in your name - he has no recourse.  The car is your property.

Answer 2

So you guys broke up huh?  He will attempt to hide the car and falsely register it under his name.  Snatching the car from his driveway at night is one way to do it.  Temporarily making up in order to "borrow" the car back is another way.  If you call the police, make sure you don't tell them about letting him borrow the car for a year, they will rapidly loose interest.  Just say you let him borrow it for a week.  Any time you were in the car, or near the car, or drove the car, it was back in your possession, so technically, you just let him borrow it again.

Answer 3

I would contact the local police department and see if they can go with you to get it back-explain it all to them and they will let you know if there is anything they can do---they may tell you that you have to go to small claims court.   Never, Ever loan vehicles out--or litually anything-especially without a contract.

Answer 4

It used to say on the registration document that the registered keeper was not 'necessarily' the rightful owner; however, it has to be a good start.

Go to the Police, I would think if he cannot produce evidence that he paid for it, then it is theft for him to keep it.

Answer 5

If the car is in your name and their name is no where on the title, you can call the Police/Sheriff's department and report the car stolen.  They will arrest him/her and charge them with grand theft which is a Felony in Florida.

Answer 6

Go to local police and explain the situation whilst reporting the vehicle stolen.

Answer 7

Well the friend is no longer a friend anymore. So take the gloves off. First phone/go to Citizens Advice Bureau if you are in UK and ask them - they will give you free advice.

You need to make sure you know if he is insuring and MoT'ing the car - before you go. Take your car registration docs. I'm not a lawyer, but my guess is that you can first explore the possibilities with the Police. If the Police cannot help - then a simple recorded delivery letter pointing out the car is yours and he no longer has your permission to drive it, and should be returned within 14 days.

The other thing you mention is that he is a colleague - can any pressure be brought to bear there.

Other thoughts: Do you have keys? Can you you just 'take it' back - and put a steering lock on it?

Afterthought: Might pay for you to take out an insurance policy on the car just before you take steps to recover - he might just decide to deliberately leave the handbrake off if he 's about to lose it.

Answer 8

In most states you cannot report the car stolen because you lent the car out.  There is however a provision in most states that allows you to report it, in somewhat the same way.  Here in Texas it's called unauthorized use.  It simply means that the person had permission at one time, but no longer has that permission.  Personally I would just go get the car  myself, or hire a repo company to go get it for me.  If it is registered to you, then all you have to do is show them a title, and pay a fee, and they will go get it.

Answer 9

Despite it being theft, technically, I cannot see the police being interested since the friend was in possession legally for a year. A solicitor may help, but for about £40 you can buy a clamp!  

Answer 10

Report it as stolen to the police (which it is )tell them you know the thief and were it is , then all you have to do is prove ownership which you can do , bill of sale is the important thing . the only thing you can gain title deed by staying on it for a period of time (4 years) is land. possession of a personal item does not give you title deed if you did not purchase it . If your college uses the excuse you gave it to them they have to show proof of said gift and as you are the owner that they cannot do.

Answer 11

this person is not a friend - go to the police with the paperwork and ask for their help  

Answer 12

Tell him that unless he gives it back, you will report it as stolen.

Answer 13

just say to ur so called friend that if he doesnt give it back then call the police..... simple..... unless the car isnt really yours?????????

Answer 14

CALL THE POLICE & TELL THEM ABOUT  THIS & THEY SHOULD GET YOUR CAR BACK TO YOU . SOME FRIENDS  TRY THIS IT SHOULD WORK  

Answer 15

if you have a spare key take it back..if not and you have asked them nicely then its time for the police i guess..your the registered owner so its yours..good luck

Answer 16

This is a civil matter rather than a criminal one.  There is no element of theft as you lent the car to your friend and they would have to be seen to have dishonest intent to take it in the first place.  They would also have to permanently deprive you of it.  In other words make it impossible for you to get it back.  He/she couldn't be accused of taking without owners consent (TWOC) as again you lent it to them.

I would suggest contacting a Solicitor who is trained in civil law and asking them to work on your behalf to recover your car.  It may be that the only way you can get your car back is through the small claims courts but the threat of legal action may be enough for them to return it.

Good luck.

Answer 17

It`s your property and is registered to you, if he continues to refuse report it stolen or just take it........some friend..

Answer 18

You will need to see a Solicitor over this one. They can send a one off letter threatening legal action.

Answer 19

go to the nearest police station near you or you can even call the station (not 911) and tell them you let a friend borrow your car and he refuses to give it back. tell them you would like them to escort you in retrieving the car. that is the easiest way to do it and you do not have to press charges. if you cannot get it done that way then you will have to file charges and they will arrest the person and you will get your car back eventually.

Answer 20

What I would do is threaten to report him ot the police. In all likelihood the police wont be interested but the threat is there.

The CAB should be fairly helpful but it is likely that you will need to see a solicitor. Please also remember, you cannot steal what is yours. If you have a spare set of keys ... please also remember to return any items you find in the car that are his, otherwise you may leave yourself open to trouble.

xx VP