NSW Ex Partner Has My Car and wont return it

[Barto0101]

Hi Guys,

Just looking for abit of advice,

A quick bit of background information, ex and i were together for 8 years, seperated over 25 months ago, no binding financial agreements, no court orders, no joint assets except for perhaps this car. Car has always been registered in my name. Loan for the car was always in my name as the ex had bad credit rating. There is a strong financial trail showing i made all the payments on the car. Me being the perhaps too nice or too of an stupid ex parter i allowed my ex to continue to drive this car after we split up to help get them back on their feet. Now when i asked for the car back they will not return it.

Registration has just come due for the car and i have told the ex i refuse to pay it as i want the car back.

I went to the local police station and they said this sounds like a civil matter, but how can it be when the ex has no financial interest in the car as A) i paid for it and B) it is registered in my name. If the ex destroys the car who is going to be the one left to pay for the damages? I am being restricted access to something that i own does not sound civil to me? I also engaged a solicitor and they said to see the police if they do not return it after given fair notice which i did? Sounds like i am going around in circles and i just want this matter resolved.

Any advice would be greatly appreciated

 

[Rod]

Assuming your ex did not pay you to make the payments, get your spare key, or order one, and take it back.

 

[sammy01]

who paid the rego last year?

 

[Atticus]

I went to the local police station and they said this sounds like a civil matter,

Good... So when you take your car back & she goes running to the cops you can tell them (if they call) that according to officers at xxxxx station it's a civil matter that doesn't involve them..... Just make sure you don't break any laws in getting the car back, ie, forced entry, trespass etc..

 

[GlassHalfFull]

I had (have) a very similar situation, except that my ex also took out an IVO on me which prevented me from simply repossessing my car, because doing so would essentially be a breach of the order.

The order has since expired, but I've been told that because she 'needs' it to look after the children and we have an ongoing family law case, it would look 'very unfavourably' for me to try to take back possession of the car even 2 years later.

Also Atticus, while I agree that it being a civil matter should mean that both parties are at liberty to take it at will, the reality may be that because it was voluntarily handed over to the ex originally, but when he tries to repossess, it would be without the permission of the ex, the police may view it differently. Possession is 9/10ths of the law and all.

When I received the interim IVO and went back to the house (with police escort as per the terms of the order) to collect my property, I asked them if I could take back the car. They (VICPOL) said that they would consider it theft if I tried to do so because I could only take what my ex was willing to give (she refused to let me enter the house to collect any personal belongings, she just dumped some clothes on the front doorstep). So it will ultimately come down to where their sympathies lie I think...

 

[Atticus]

Also Atticus, while I agree that it being a civil matter should mean that both parties are at liberty to take it at will, the reality may be that because it was voluntarily handed over to the ex originally, but when he tries to repossess, it would be without the permission of the ex, the police may view it differently.

My experience with police... If they are faced with a complaint that is a 'line-ball' decision, & if actually acting on that complaint also involves paperwork, they will find a reason that will save them the work & effort, ie, it's a 'civil' matter ... the exception may be if an easily definable law is broken in the process of getting the vehicle back, hence my warning ..... I'm betting they won't do anything if a complaint is made unless they can think up a nice easy charge on the spot... but that would involve paperwork as well ... sooo hmmm .... donut shop is easier

 

[GlassHalfFull]

Yeah, you could be right. It couldn't be theft if he's the registered owner of the car, I would imagine. What could they arrest him on, assuming he takes your advice and doesn't break any other laws along the way?

I did actually argue that point with the police at the time, asking why it would be theft to take my own car... They couldn't give me a clear answer and didn't want to be drawn into a debate, but given I had an IVO and the car was on the property, I didn't want to chance it over legal technicalities.

 

[Rod]

said that they would consider it theft

They might, but charge would not stick. Unlikely the Sargent or prosecutor would proceed with it.

I agree with Atticus, though they could get you for breaching the peace.

 

[Barto0101]

Thank you all soo much for replies!

Literally still pulling my hair out over this, unfortunately I have zero idea of where the car could be located so even if I were to try take it back I don't know where to begin looking...

I tried another police station with hopes for a different answer but alas it was the same. The ex even received a speeding fine posted to my address as they have been too lazy to update their address after 2 years, which i also showed the police. The policeman even said why don't you just transfer the rego if you want to stop getting the fines... seriously...

How much money would a civil matter roughly cost to take to the small claims court, I estimate the car is currently worth around $20k? I don't even know the ex's address to give them the summons....

Are repossession companies also worth a try?

Thanks again!

 

[Atticus]

The ex even received a speeding fine posted to my address as they have been too lazy to update their address after 2 years, which i also showed the police. The policeman even said why don't you just transfer the rego if you want to stop getting the fines

Surely your'e not paying for speeding fines & registration are you?
If the car is used as security for the loan then repo is an option but a bit of a process (assuming you want the car back after repo)... You will need an address to serve papers for small claims..
If you want the car back consider a private investigator... probably have an address for you in 24 hours