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#91 Ethel

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Posted 29 March 2013 - 11:23 PM

I believe they usually do. From their point of view "the keeper" is just someone who's responsible for the legalities of using it on the road. Not a particularly useful view when, in the real world, the V5 is considered akin to the legal title of the car.

#92 Black.Ghost

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Posted 30 March 2013 - 12:27 PM

Yeah they did exactly that. As soon as my mum saw and opened the letter she told me about it. I then phoned them from here and said I absolutely do not give permission and explained why. I was told that it was none of their business who the legal owner was, but they would still issue a new v5 as he was the keeper of it. I was raging and it took as much self control as I could muster not to tell them exactly what I thought of the shambles.

However, I agree with Ethel. Its not useful at all as the V5 is an assumption of ownership. They need to sort it out.

#93 Ethel

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Posted 30 March 2013 - 02:25 PM

Doubtless they work off a crib sheet, I expect there's a magic phrase that will stop them just rubber stamping the transfer, otherwise what's the point in them asking the existing keeper?

#94 mini_gurl84

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Posted 30 March 2013 - 08:15 PM

I believe they usually do. From their point of view "the keeper" is just someone who's responsible for the legalities of using it on the road. Not a particularly useful view when, in the real world, the V5 is considered akin to the legal title of the car.


So can i just ask, what makes you/proves you are the owner of any particular vehicle? can the owner and keeper be different then?

I hope you get your car back after all this

#95 sledgehammer

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Posted 30 March 2013 - 08:24 PM

Why don't you apply for the V5 ? (black ghost)

Edited by sledgehammer, 30 March 2013 - 08:25 PM.


#96 tractor

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Posted 31 March 2013 - 12:53 AM



I believe they usually do. From their point of view "the keeper" is just someone who's responsible for the legalities of using it on the road. Not a particularly useful view when, in the real world, the V5 is considered akin to the legal title of the car.


So can i just ask, what makes you/proves you are the owner of any particular vehicle? can the owner and keeper be different then?

I hope you get your car back after all this



+1 how do you prove your the owner of a vehicle then?

Trac

#97 Samwise777

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Posted 31 March 2013 - 10:16 AM


I believe they usually do. From their point of view "the keeper" is just someone who's responsible for the legalities of using it on the road. Not a particularly useful view when, in the real world, the V5 is considered akin to the legal title of the car.


So can i just ask, what makes you/proves you are the owner of any particular vehicle? can the owner and keeper be different then?

I hope you get your car back after all this


The owner and keeper can definitely be different. Owner has registration docs but keeper uses the car and pays for parking tickets etc

"A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.
He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).
The DVLA make a point of saying that the person named on the registration document is not necessarily the owner."

#98 Black.Ghost

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Posted 31 March 2013 - 11:37 AM

I can't apply for the v5, because Im not the registered keeper, and Im not responsible for anything with regards to that car at the moment. It is quite frankly a ridiculous system. But its the way it is and thats that.

#99 Archa

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Posted 31 March 2013 - 01:09 PM

Just blow them up, all of them.

#100 Black.Ghost

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Posted 03 April 2013 - 06:14 PM

Ok so a quick update. I have communicated with him via ebay, and enquired as to how much he was after. he wants 500 as he claims that it is what it owes him. I'm absolutely not paying that. I've lost quite a bit in total on that car. The sad truth is, even if I get it back, I have absolutely nowhere to keep it. When I get back from here, I will have another project to finish and so if I get a garage, I'll need to pay for that until I can start on it and transportation to get it back.

Is it unreasonable to let him just keep the mini and forget all about it, provided he gives me the wheels back, and any other personal stuff that was in it? My real gripe is with the clamping company, not him as after all he hasn't really done anything wrong. The hassle of having the second mini is something I could do without really.

I spoke to my boss, and he made the point that although the army might provide some basic legal advice for free over the phone, any further action is going to cost me a lot more than 500 quid.

Its a sad story, and a win for the bastard clampers, but apart from that there is little I can do. I really want those white wheels back though, as they are part of a set.

#101 BVY

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Posted 03 April 2013 - 09:45 PM

We will all be gutted if you loose your mini!!! You can store it in my garage if you get it back! Wish I had some good advice

#102 Ethel

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Posted 03 April 2013 - 10:41 PM

I don't see why it would cost you anything more than a few court application fees, it's exactly what the small claims process is for. You may well be right it's not worth the time & effort if you don't really want it back though. I'm a little confused now about who has it on ebay, the landlord or the clampers. But no matter, I can't see they'd have any justification in not returning your property if it has no monetary value that they can set against their costs.


The ownership & V5 thing, it's actually pretty common - any car bought on HP remains the property of the finance company until you've paid for it in full. Ownership of anything is never clear cut, you become an owner by gift or contract with the previous owner, so you'd have to prove that (more credibly than any other party laying claim to the goodies). This situation is a little bit different, the scumbags are claiming there was an implied contract with Black Ghost that he'd be responsible for their costs in removing his Mini from their property, that he agreed to by parking there. I'd say that's a poor argument if they didn't have any signs up to make him aware of that when he parked it. The only other alternative open to them would be to claim damages off of him, but they'd have to prove what they are.

Now if they had a little box on the V5 to tick to say you were also transferring ownership.........
or would that be too sensible?

It does actually use the terms seller & buyer as well as keeper on the V5, I just looked :wacko:

#103 BronkoMini

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Posted 04 April 2013 - 11:20 AM

Perhaps we can do an Italian job, but instead of gold we get you mini :shades:

#104 alicetheauto

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Posted 04 April 2013 - 11:36 AM

It would be an interesting case to be winning bidder, turn up with a trailer, log book in your hand, and drive off with the car. Unless the "seller" of this (despite not having clear-cut title to the vehicle) has very good paperwork regarding ownership I would guess there would be little anyone could or would be prepared to do. Shame you are not in the country to be able to.

#105 tommypope

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Posted 04 April 2013 - 11:42 AM

could you not offer i to someone on here for £500 in exchange for the wheels back?




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