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Car/friends, the latest! (Cross warning!)

(70 Posts)
Anne58 Tue 01-Oct-13 18:36:16

Evening all,

Phoned the friends (B&J) yesterday, as I still haven't been given any idea as to when I can expect to get the money. No reply, so I left a somewhat "brief" message on their machine.

Just had a call from him, which is unusual as it's normally J who rings me, I expect she was busy hmm They are still waiting for the cheque. Mentioned that I had been given the impression that once the insurers received the go ahead, there would be a cheque in the post the next day. Errm, no, the paperwork was sent out the next day, which B & J dealt with and then took into the local branch. From where it was sent to Bristol (WHY, FFS?). Bristol have confirmed receipt. (Oh whoopy bloody doo!)

So, B & J STILL haven't received the cheque, which means of course that they haven't banked it, it hasn't cleared, therefore they cannot transfer to me, etc etc.

Biting my tongue, I asked B if the car was still there. No. Asked him if he had managed to take the radio/Cd player out. Stunned silence. I had asked J on at least 4 occasions to take it out. At one point she said that B had tried but couldn't do it, but was going to ask their SIL to help. B's reaction indicated that he knew nothing about my request, so yet more lies from J.

I then asked if they had removed the rear number plate as I wanted to photograph it for the listing when I sell it. No. Again this is something that I asked J to do. (The plate valuation was surprisingly high, although I do appreciate that it is only worth what someone will actually pay, however my mechanic and I ran it through various sites together last week, and it's about 3 mortgage payments! shock )

I am so very upset at all the lies, there is no need for it, I am a reasonable person, I appreciate that what happened to the car can't be undone, but lying to me is just adding insult to injury.


Sorry for long rant, thanks for reading.

kittylester Thu 03-Oct-13 07:44:24

Good idea GN.

janthea Thu 03-Oct-13 09:17:12

Excellent suggestion gracesmum

gracesmum Thu 03-Oct-13 11:02:11

I think you need to get everything in writing in as calm and dispassionate way as you can and and write to them. I have pm'd you my thoughts on what a possible letter might contain and hope that being objective and factual might take some of the personal grief out of this sad situation. I have also suggested you ask for copies of all correspondence with the garge and the insurers. Keep a copy of the letter for a solicitor if it comes to that, for the insurers if there are grey areas there and of course it gives your "friends" an opportunity to clarify their story and agree or challenge the facts as you see them, I am not suggesting for ONE NANOSECOND that you are not totally in the right, but written corroboration could be useful if it ever comes to legal action (in case they change their story again)and by putting it in an unthreatening way you are still making it clear that the final resort might be just that. It also reiterates that the loan was to help them as friends in the short term, not a gift and that you personally are now out of pocket. Any reasonable person would be falling over themselves to make it up to you.

Agus Thu 03-Oct-13 18:33:07

Excellent advice gracesmum and unfortunately it is now something else because of these 'friends' giving Phoenix added stress. As if this pair haven't put her through enough..

As you say "any reasonable person etc.", I won't put in words on here how I would actually describe them.

harrigran Thu 03-Oct-13 18:56:32

Lots of good advice but the fact is that this is probably a crime. To borrow and not return or to deny the owner the use of their car/ whatever is theft by misappropriation.

Anne58 Fri 04-Oct-13 00:06:42

harrigran I transferred ownership to them via the V5 (or whatever the damn thing is). They then had the responsibility for taxing and insuring the car. No money changed hands, it was just the transferring of the vehicle the same as one would do if buying/selling a car, i.e. the filling in of the slip at the bottom of the document, then sending it of to the DVLA

However in some ways that worked out for the best ( ? confused ) because as J never tires of telling me, they insured it fully comp, whereas third party etc would have meant no way to claim.

Lona Fri 04-Oct-13 08:08:32

phoenix Can you believe anything that J tells you though, as she seems to be a practised liar?

LizG Fri 04-Oct-13 08:24:12

This is a dreadful story phoenix and my heart goes out to you. Unfortunately I doubt you can get details from the garage etc. because on the face of it J and B are the legal owners. I am afraid, if you haven't already done so, you need to get legal advice

Gagagran Fri 04-Oct-13 09:18:57

I think I might be looking at the small claims court route by now. You are in a very difficult position Phoenix but surely it's time to take a stand?

annodomini Fri 04-Oct-13 09:30:00

Have you any documents to prove that the transaction was by way of a loan, phoenix? Otherwise, although you have the moral high ground, I fear that you might be on shaky ground legally. But don't take my word for it. Some solicitors will do half an hour free advice and it would be worthwhile phoning round to see if there is one of these locally.

Charleygirl Fri 04-Oct-13 10:00:51

Some very good advice here. You need to know your legal standing *phoenix" before you discuss the problem yet again with your so called friends.

moomin Fri 04-Oct-13 12:07:30

Just read your latest saga phoenix and words fail me sad Just can't imagine "friends" behaving in such a way. I wish I could provide some kind of solution - apart from earlier suggestions of a brigade of grans forming a disorderly mob outside their house and demanding justice for you x

Cressida Fri 04-Oct-13 13:04:35

Phoenix, you are still the owner of the vehicle. The V5 tells the DVLA who is the registered keeper of the vehicle.

As you still own the car it might be worth having a chat with the police just in case your 'friends' might have 'stolen' the vehicle since they don't appear able to return it to you.

Anne58 Fri 04-Oct-13 13:18:17

Ah, and therein is another problem! To make it easier for them to arrange tax and insurance we signed the car over to them, i.e. the V5 was transferred to them, like "selling" the car, but no money changed hands. Yes, I know, stupid of me but it seemed like a good idea at the time. blush

Actually, there is a difference between being the registered keeper, and the owner. If you have one of those lease/purchase arrangements, you are responsible for taxing the vehicle, but the company you have the lease arrangement with are still the owners.

I'm hoping that there will be some progress next week, if not, well, then I will have to take steps.

NfkDumpling Fri 04-Oct-13 13:40:09

Just got back and read your terrible saga. Have you thought of contacting the BBC? Sounds silly I know, but programmes like You and Yours love tales like this using them to warn others that being a lovely, trusting, honest person has drawbacks. Sometimes a call from them with the possibility of being shown up before the world (well, their friends at least) works wonders. I tried it once using our local radio station, although the problem was rather different. One call from Radio Norfolk and all was fixed.

Cressida Fri 04-Oct-13 14:21:08

Phoenix, did you read the link to the Police website? Because your friends were the ones who would be driving the vehicle rather than you the V5 had to be filled in to inform the DVLA. Unless you specifically told them you were giving them the car it still belongs to you. If you said you would lend them your car then you haven't sold it to them.

It says in the link This is particularly true with a company car which is owned by the company, however the registration document should show the registered keeper, i.e. the day to day user (this may be an employee who has it as a permanent perk with his/her job).

What your friends have done is a sort of similar situation to a salesman failing to return his company car on leaving the company.

Anne58 Fri 04-Oct-13 18:26:10

Sorry Cressida was in a bit of a doo dah earlier getting ready for my fortnightly visit to the Job Centre. sad

You are absolutely right. The thing is I don't want to have a major fall out at this stage, I just want them to get the cheque and then pay me. I'm certain that they will, but all the lies along the way have left me feeling, well words sort of fail me.

harrigran Fri 04-Oct-13 19:20:21

Can only repeat, these people are not your friends. Did you see the damaged vehicle ? If you have proof that the car belongs to you and they are just insured to drive it then not returning the car or full insurance value is a crime, surely.Cressida is right, speak to the police.

Ana Fri 04-Oct-13 19:26:01

I wonder how long the cheque will have to linger in their bank account until it's been 'cleared'...? And what about the number plate? Any recompense for the radio/cd player? As someone's already said, it beggars belief...