Motoring Discussion > Transfer without buyer's signature Legal Questions
Thread Author: Burger Replies: 17

 Transfer without buyer's signature - Burger
Hi,
I need to transfer my car to my ex wife.

Reading the instructions, I have to complete section 6 on the V5C - no problem. And send her the V5C/2, no problem.

However I also have to sign the declaration in section 8, and so does she, and then I have to send this part back to DVLA. This is a problem. I have no wish to ever see her again, not to mention the fact that we live very far apart now. It's not practical for me to pop round to get her signature on the declaration. So, what should I do? Should I send her the entire V5C, signed by me, and trust that she will send it to DVLA? What if she doesn't sign or post it, could I get stitched up for any fines/penalties she gets? Is there a better alternative?

This is further complicated because the tax disc runs out at the end of this month, so the transfer will presumably not be completed in time. Should I declare it SORN at the end of the month? I have no way of ensuring that she sticks to the conditions of the SORN, since the car is far away from me, and I don't have a key. So I am not sure which is worse, to risk getting myself in trouble when she drives around in a SORN vehicle, or to just do nothing and hope she returns the transfer documents in time. Again, what is my best strategy here?
 Transfer without buyer's signature - Mike H
If it was me, I would sign it myself and complete any other necessary details, then send it to DVLA with a covering letter explaining the situation. They can then send it on to her. You have therefore registered with them that it is no longer your responsibility
 Transfer without buyer's signature - Cliff Pope
Sell it and post her the money.
 Transfer without buyer's signature - Zero

I would declare it SORN now, while you are the registered keeper - you dont have to wait till the end of the month. then follow Mike H's plan.

That way the whole messy business is out of your hands, you are covered, and she can sort it out.


How does she plan to recover the car?

Last edited by: Zero on Tue 26 Jul 11 at 08:15
 Transfer without buyer's signature - BiggerBadderDave
"I have no wish to ever see her again"

Has she let herself go then? Or did she twonk your best mate?

Spill the beans.
 Transfer without buyer's signature - Burger
@Cliff
If I had it in my possession then I would sell it and keep the money! But she has it, and both sets of keys, and it is being signed over to her in the financial settlement. I was tempted to TWOC it months ago but it has proved quite a useful bargaining chip... as in, I haven't had to give her as much pay off because I'm giving her the car.

@BiggerBadderDave
Oh alright then. She was quite "let go" when I found her, but she got hot and then twonked some dude. Then she got dumb and forgot to delete her text messages.

@Mike and Zero
Sounds like a plan, thanks. I am a bit concerned that if I SORN it while I am still the registered keeper, and she carries on driving it around, and gets flashed by a camera, then I will get the fine. If I sign the declaration and write the covering letter explaining the situation, does that mean I can pass on any fines to her? Even if she does nothing and doesn't sign or return her parts?
 Transfer without buyer's signature - Stuu
In all honesty, they dont care much for the signature. What they care about is who is taking responsibility for the car.

IF your ex is expecting to have the car registered to her and your not doing it behind her back, a rough version of her signature will do, what is important is the new name and address for new keeper because old bill want to know who to send the tickets to etc.

I wouldnt do it if she wasnt in agreement though.

The other option is to get over the desire not to see her and get it signed of course if you think she will.

Id SORN it in any case.
Last edited by: FoR on Tue 26 Jul 11 at 09:53
 Transfer without buyer's signature - R.P.
The other option is to tax it online, fill out the V5 and send it in without her signature. Chances are that DVLA won't pick it up. Wouldn't forge it.
 Transfer without buyer's signature - Burger
She is expecting it, I'm not doing it behind her back. In fact I have a letter from her solicitor requesting the V5C. Maybe worth including this with the covering letter to DVLA?

I'd rather not forge a signature. That is highly illegal surely.

And I'd rather not pay the tax online... since she has exclusive usage of the car... I don't want to pay for it!

So I guess the best plan is to sign the V5C myself and send it with a covering letter explaining the situation and her solicitors letter requesting it be transferred, to DVLA, then SORN the car? Is that enough so that, if I get a fine through, I can pass it on to her? That is my concern, that I SORN it but she still drives it, and I am liable for the points/fine because I am still the registered keeper...
 Transfer without buyer's signature - Meldrew
Here's a good idea? Solicitor has requested the V5 - send it to him/her and then the ex will have to pay £150/hour to deal with it, including writing to you to get your signatures where required. Delay and costs HER money! What's not to like about that cunning plan? Don't go out of your way to help, just do what the legal man asks you to.
Last edited by: Meldrew on Tue 26 Jul 11 at 11:56
 Transfer without buyer's signature - Burger
Sounds good Meldrew, however with a few drawbacks. Her solicitor will most likely reply to my solicitor so however much it costs her, it will cost me the same. And while they are mucking around writing to each other, the car remains registered to me, and I will be liable for any fines that the DVLA decides to send me - driving while SORN, etc. Whilst it sounds like a good and satisfying plan to stick it to her like this, I don't think it's a very sensible.

Besides I don't really care about getting one over on her any more. Been there done that. I just want the car out of my name and to protect myself from being fined, as quickly as possible.
 Transfer without buyer's signature - Meldrew
I was being slightly frivolous I admit. You don't have to employ a solicitor but I appreciate that it is both complicated and up to you to deal with it as you see fit. I was just offering some thoughts for the melting pot. No offence taken or intended I am sure. Good luck. Perhaps sending the V5 recorded delivery would get the problem off your back?
 Transfer without buyer's signature - Mapmaker
SOOO how is she collecting the car?

Cannot she sign the thing when she collects it?
 Transfer without buyer's signature - Pat
Keep up mapmaker, keep up!

She's already got the car ( she is a woman!)

Pat
 Transfer without buyer's signature - Burger
She already has the car and both sets of keys, several hundred miles away from me.
 Transfer without buyer's signature - Dave_
Don't ask a bunch of laypersons on here, ask the DVLA.

bit.ly/ozFbHx

DVLA Customer Enquiries - Vehicles including registering, buying, selling and importing a vehicle as well as personalised registrations: Tel 0300 790 6802

Make a note of who you speak to and when, as well as the advice they give you. They will have come across this situation before, I'm sure.
Last edited by: Dave_TDCi on Tue 26 Jul 11 at 12:41
 Transfer without buyer's signature - rtj70
Do you live near a DVLA regional office? If you did, I'd be inclined to pop in and sort it there. Although I'd probably ring the freephone number first.

I can't remember why I needed to send something off to the DVLA once but decided that since I was working next door to a DVLA office I'd pop in.... they checked it and then said they'd put it in the internal post for me. Saved me a stamp.
 Transfer without buyer's signature - Zero
Ok here is a plan

Sign the V5, send it to her solicitor as requested, but demand a receipt by return.

When you have the receipt from her solicitor, your responsibility for the car is terminated, with proof, at that point.
Last edited by: Zero on Tue 26 Jul 11 at 12:51
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