The owner of the car is me, someone else is driving, and he doesn t repay the car loan now, do I hav

Updated on society 2024-08-13
7 answers
  1. Anonymous users2024-02-16

    Hello, I think you certainly have the right to come back, because this car is yours.

    If you encounter similar problems in the future, you can follow the following ideas to solve them:

    1. Finding problems: often living in the world, always in these kinds of contradictions, when some contradictions are projected into consciousness, the individual only finds that he is a problem, and asks to find a way to solve it. This is the stage where the problem is discovered.

    From the perspective of the stage of problem solving, this is the first stage and the premise of solving the problem.

    2. Analyze the problem: In order to solve the problems found, it is necessary to clarify the nature of the problems, that is, to figure out what contradictions there are, which contradictions, and what is the relationship between them, so as to clarify what results the problems to be solved, the conditions that must be met, the relationships between them and what conditions have been met, so as to find out the important contradictions and key contradictions.

    3. Put forward hypotheses: on the basis of analyzing the problem, put forward hypotheses to solve the problem, that is, the solution that can be adopted, including what principles and specific ways and methods to take, but all of these are often not simple and ready-made, and there are various possibilities. However, putting forward hypotheses is the key stage of problem solving, and correct assumptions lead to the smooth solution of the problem, while incorrect and inappropriate assumptions lead to detours or lead the solution of the problem astray.

    4. Verify the hypothesis: The hypothesis only proposes n possible solutions, and there is no guarantee that the problem will be solved, so the last step in problem solving is to test the hypothesis. In either case, if the test does not produce the expected result, a new hypothesis must be proposed and tested again until the correct result is obtained, and the problem is not solved.

  2. Anonymous users2024-02-15

    Legal analysis: you can ask for the car back. The car in your name is your property, and your boyfriend has no right to take possession of your property.

    If you can't negotiate with the other party, you can entrust a lawyer to help you send a lawyer's letter to warn, which is a low-cost and time-saving way to protect your rights. If the warning doesn't work, you can go straight to court and file a lawsuit.

    Legal basis: Article 216 of the Civil Procedure Law of the People's Republic of China: After accepting the application of the creditor, the people's court shall, after reviewing the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal; If the application is not sustained, the wheel chain dismantling ruling shall be rejected. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court.

    If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

  3. Anonymous users2024-02-14

    Before the car loan is settled, the property right certificate of the vehicle is mortgaged to the lending institution, the owner only has the right to use the vehicle, no property rights, the insurance beneficiary of the vehicle is also the lending institution, the owner can only drive, can not buy and sell the vehicle, nor can it be transferred to others. If you want to change, you have to go through the same procedures as when you first apply for a loan, you need to submit the new borrower's materials to the bank to apply for a loan, and before that, you have to pay off all the bank debts before you can re-lend. Article 18 of the "Provisions on the Registration of Motor Vehicles" stipulates that if the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle.

    If the car loan is not repaid, it is not possible to transfer the ownership. Because we usually sign a vehicle mortgage agreement with the lending bank when we take out a loan, the ownership of the vehicle belongs to the lending bank before the car loan is repaid, and we cannot carry out the purchase and sale transaction, let alone the transfer of ownership. Only when the car loan is repaid, we get back the "Motor Vehicle Registration Certificate" and the car purchase invoice mortgaged in the bank, and after the vehicle management office has gone through the procedures for the release of the vehicle, we have the right to buy and sell the vehicle.

    Legal basis. Article 2 of the provisions on the registration of motor vehicles shall be implemented by the traffic management department of the public security organs. The traffic management department of the provincial-level public security organ is responsible for the guidance, inspection and supervision of the motor vehicle registration work in the province (autonomous region and municipality directly under the Central Government).

    The vehicle management office of the traffic management department of the public security organ directly under the Central Government, the vehicle management office of the traffic management department of the city divided into districts or the equivalent level of the public security organ shall be responsible for the registration of motor vehicles within the administrative jurisdiction of the city. The vehicle management office of the traffic management department of the county-level public security organ may handle the registration of motorcycles, three-wheeled vehicles and low-speed trucks within its administrative jurisdiction. If the conditions are met, other motor vehicle registration business may be handled except for imported motor vehicles, hazardous chemical transport vehicles, school buses, and medium-sized or above passenger vehicles.

    The specific business scope and handling conditions shall be determined by the traffic management department of the provincial public security organ. The registration of police vehicles shall be handled in accordance with the relevant regulations.

  4. Anonymous users2024-02-13

    Legal analysis: It depends on the previous agreement, if the loan he gave was agreed to be used as rent, he does not have to pay it back, if not, then of course he has to pay it back.

    Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

    In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If the party concerned who should go through the formalities such as applying for approval fails to perform its obligations, the other party may request that it bear the responsibility for violating the duties.

    In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification of the contract, the transfer or termination of the contract, and other circumstances such as approval shall be handled.

  5. Anonymous users2024-02-12

    Legal analysis: According to the provisions of relevant laws in China, after helping a friend take out a loan to buy a car, if the friend does not repay the loan, it is useless to call the police, it is a civil dispute, and the parties can file a lawsuit with the court to resolve it.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property relations and personal relationships.

    Article 119 The following conditions must be met for prosecution:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case.

    2) There is a clear defendant.

    3) There are specific litigation claims, facts, and reasons.

    4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

  6. Anonymous users2024-02-11

    Summary. Hello dear, happy to answer your <>

    You can't transfer without your consent.

    I am the owner of the car, and the car belongs to him, what I want to ask is, if the loan is repaid, can Xinwu go to transfer the property without my consent? We are currently bending our grandson to bury the contradictions.

    Hello dear, happy to answer your <>

    You can't transfer without your consent.

    The process of vehicle ownership transfer procedures is: 1. Go to the second-hand car trading hall, show the relevant materials to receive the "old motor vehicle sales contract", and fill it in; 2. Drive the car to the transfer of ownership and inspection, carry out car inspection, number extension, plate removal, photographic processing, and fill in the "inspection record form"; 3. Go to the transfer hall to line up at the charging window and pay the "transfer fee"; 4. Go to the "Transfer Acceptance" window to go through the relevant procedures; 5. After completing the "transfer acceptance" and getting the receipt form, you need to go to the next orange closed window to pay the "license fee"; 6. After that, it is to select the number, get a new license plate, a new driving book, a registration certificate and pick up the car.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

  7. Anonymous users2024-02-10

    Summary. Hello dear, I am Lee Shau Kee, who is good at loans, insurance, and banking, and has successfully solved problems for more than 20,000 people

    The car is in my name + loan + I also pay it back + what should I do if others don't give me the car now?

    Dear, hello, I am Lee Shau Kee good at loans, prudent insurance, and banking business, for more than 20,000 people successfully solved the question of morning luck, the problem I have seen with a wide open eye, is typing to sort out the answer, please wait a while

    The car is in your name, you can continue to repay the car loan and drive the car away, or you can sue the other party after repaying the money and recover part of the money you repaid.

    He paid the down payment for the car, but the car is in my name, and the loan is also repaid by me, so what if he doesn't give me the car?

    Hello, in your name, it means that this car belongs to you in the legal sense, if he doesn't give you the car, you can go to the public security agency to sue him for disturbing Zhaomin.

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