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Legality of my car


mrtoner
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Hi,

 

I bought a car in June (well, my mum did!). I am driving the vehicle and the main driver.

 

I am insured as the only driver of the vehicle at the moment - which is all above board - but I am not registered as the owner/keeper.

 

The car is financed in her name - but I am paying the car payments. Do I need to transfer the car over to my name, or is it OK to remain in her name?

 

Thanks in advance

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I don't think you need to but it may be better for you to be the 'Registered Keeper'.

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Hi,

 

I bought a car in June (well, my mum did!). I am driving the vehicle and the main driver.

 

I am insured as the only driver of the vehicle at the moment - which is all above board - but I am not registered as the owner/keeper.

 

The car is financed in her name - but I am paying the car payments. Do I need to transfer the car over to my name, or is it OK to remain in her name?

 

Thanks in advance

 

The insurer would have asked who the registered keeper would be? as long as its all noted with them I don't see a problem.

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The danger of transferring the V5 into your name is if your mum has the car on finance. If she does, then they will probably be made aware of the transfer through DVLA and would perceive this to be a "sale" of the car by your mum. At that point, they would therefore demand a full repayment of the finance asyour mum no longer owns the vehicle.

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The danger of transferring the V5 into your name is if your mum has the car on finance. If she does, then they will probably be made aware of the transfer through DVLA and would perceive this to be a "sale" of the car by your mum. At that point, they would therefore demand a full repayment of the finance asyour mum no longer owns the vehicle.

When we did it there were not issues. If the DVLA update the finance company that would be a breach of the Data Protection Act. Anyway how would the DVLA know the vehicle is on finance as they are not privy to those details as that would also be a a breach of the DPA by the finance company?

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I am not sure of the mechanics of how the info travels but I know for a fact it happened when I had a Vauxhall car through Santander finance. I was changing the plate to a private plate and had even telephoned Santander to notify them. They said at that time I didn't need to ring them as they will find out through DVLA when it is actioned. Sure enough a couple of weeks later I got a letter from Santander saying they had been notified of this change and a charge of £35 would be added to my account for this change to details on my contract. Most other companies update such a minor details for free on a phone call, but not them!

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I am not sure of the mechanics of how the info travels but I know for a fact it happened when I had a Vauxhall car through Santander finance. I was changing the plate to a private plate and had even telephoned Santander to notify them. They said at that time I didn't need to ring them as they will find out through DVLA when it is actioned. Sure enough a couple of weeks later I got a letter from Santander saying they had been notified of this change and a charge of £35 would be added to my account for this change to details on my contract. Most other companies update such a minor details for free on a phone call, but not them!

Surely that is a breach of the DPA as how would the DVLA link the two? Somehow I doubt it. Probably came about because you notified Santander. Also it would give the DVLA a big headache if they did this many people probably would not notify change of address if they were ducking a finance company.

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The danger of transferring the V5 into your name is if your mum has the car on finance. If she does, then they will probably be made aware of the transfer through DVLA and would perceive this to be a "sale" of the car by your mum. At that point, they would therefore demand a full repayment of the finance asyour mum no longer owns the vehicle.

 

A V5 has absolutely nothing to do with ownership of a vehicle though. Therefore they couldn't demand full payment, unless of course it says that you must remain as the 'Registered Keeper for the duration of the finance agreement. I might be completely wrong of course, but that is the way I would see it.

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