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  #11  
Old 6th September 2013, 12:12 AM
neil82 neil82 is offline
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Originally Posted by The Dictator View Post
very aggressive for your second post

i was speaking from personal experience with insurers btw.
ill ring them in the morning and tell them you that youve informed me that theyve made a mistake.

atb.
rich.
may seem a bit aggressive for any number of posts but when utter tosh is posted I take the view that people (whatever they call themselves) should put a bit more effort into researching what is law before they give incorrect advice, yours may have been based on what you have been told but if you knew what you were on about you would have been in a position to put them right
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  #12  
Old 6th September 2013, 12:26 AM
neil82 neil82 is offline
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Originally Posted by ZakFT View Post
Neil82 if the registered keeper is not the owner of the vehicle or resposible for the day to day use and running of it why register the vehicle on his name??? Also main policy holder must be the registered keeper.
your confusing the two, the owner of the car may not be the person who uses it on a day to day basis, that is the person who must be recorded on the v5 as the registered KEEPER, the keeper is the person who uses the car, the owner is the person(or company )who owns it
also your last sentence sums it up, the main user is the registered keeper, think about it

Last edited by neil82; 6th September 2013 at 12:29 AM.
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  #13  
Old 6th September 2013, 01:07 AM
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ZakFT ZakFT is offline
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Quote:
Originally Posted by neil82 View Post
your confusing the two, the owner of the car may not be the person who uses it on a day to day basis, that is the person who must be recorded on the v5 as the registered KEEPER, the keeper is the person who uses the car, the owner is the person(or company )who owns it
also your last sentence sums it up, the main user is the registered keeper, think about it
I was trying to unravel what you had said but correct my last sentence does sum up the topic you have started regarding ownership and registered keeper.

Its best to keep on track of the original post and the issue contained within.

As Mick is the registered keeper it legally makes him liable end off.
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  #14  
Old 10th September 2013, 07:55 PM
dorg dorg is offline
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You really need to get your butt down the local CAB asap
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  #15  
Old 12th September 2013, 03:30 PM
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blacklab blacklab is offline
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Default taking wrong car

i know of a bailiff that took a neighbors car, just for being parked outside the wrong house
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  #16  
Old 14th September 2013, 08:39 PM
Mattw Mattw is offline
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If the car is registered in your name with the dvla,even if someone else is paying for it, it doesn't mater who owns it, it's still your property and will be seized to pay your debt, I'd pay the bill
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  #17  
Old 14th September 2013, 10:13 PM
mundungus mundungus is offline
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Hi Mick, I don’t usually post on this type of thread but my better half has asked me to, so I thought I’d give my two cents.

All I can say is that you need professional advice, and not layman advice/conventional wisdom from a forum such as this (no insult intended to the people who have posted thus far, I include myself in that generalisation).

There are a number of alarm bells ringing from your story and the posts so far. I can honestly say that I don’t know where you stand legally, and I’m sure that no one other than a proper lawyer will know for sure either. However, the posts I agree with most, are Brian’s post #8 (but, as your ‘not wearing a seat belt’ thing seems to be a genuine tug, not necessarily the bit about reporting it stolen) and ZakFT’s post #9.

You mention that the car is legally registered to you, but really owned by your dad. This is what lawyers call a ‘trust’ (or potentially depending on exactly what your dad’s intentions were and his state of mind given his condition, a donatio mortis causa). Either, is completely legal (and has its own rules) and is not a criminal fraud (apologies for disagreeing with Dopper). Anything about “authorities” being “duty bound to report you to your insurance company” and leading to “another fine and inability to get insurance” is conventional wisdom I’d say; it just doesn’t sound right to me.

Saying that though, I do agree with the ‘two sides to a story’. From your story, you seem to admit the driving without a seatbelt thing. AFASK, Driving without a seatbelt is enforceable by the police, and if the procedure to enforce that stops short of proper court, there must have been official letters that you received and ignored. You may still be liable for that unless you are able to appeal/overturn it somehow.

Either way, you do need to stop the bailiffs from treating your dad’s car as your own. Trust property (your dad’s car) is inherently protected by the courts against creditors chasing a trustee (you) for personal debts (the fine, if it is legal), there is much case law on the subject. At this stage, only a court can order the car be returned to you. A solicitor will be able to explain it to you and advise you best. It seems your issue will come down to whether you can prove that your dad did create a trust of his car passing it to you as a trustee, and it was not an outright gift and therefore absolutely yours. Unlike trusts of land, there are no real formalities for creating trusts of personal possessions (when lawyers call personalty) so it will not be easy to evidence it. I.e. Did your dad put the agreement about the car in writing at the time and can you prove that?
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