Is It Car Theft

[Pattyrgn]

I have a car on finance my ex has taken without my knowledge, all the documents are in my name, is this theft or a civil matter

[naomi24]

It's still her car though. She needs to seek legal advice.

[dannyk13]

http://www.stephenlickrish.com/legal-services/general-crime/theft-and-dishonesty-offences/taking-without-consent/

[EDDIE51]

The first step is to take him off the insurance , 2 reasons for this, one it means you will not get a claims history for an accident he has and two, he can no longer drive the car. As I just said, if you are the registered keeper he needs your permission to get insurance on it or drive it on another policy. Then report him for driving without insurance , the police will seize the car and you can reclaim it by producing your documents and insurance.

[naomi24]

Eddie, he doesn't need her permission to get insurance. He needs her permission to drive the car. As I said, I'm insured to drive any car, but I can't drive a car that doesn't belong to me without the owners' permission.

[dannyk13]

I can't understand why the police did not take any action regarding thr TWOC.

[ummmm]

"the police will seize the car"

Yeah...if they can be bothered.

[dannyk13]

ummmm
For any offence of theft there must be an intention to permanently deprive the owner of his/her property.

[ummmm]

We don't know that's not his intention.

Even so...he has no right to have the car.

[dannyk13]

If it was his intention, and that can be proved, then it is indeed theft.

[naomi24]

I really think she needs to take legal advice. If finance is a problem, perhaps a visit to a solicitor at the Citizens Advice Bureau might be a first step.

[ummmm]

Or maybe contact the finance company for advise.

[dannyk13]

Naomi, before that I would go back to the police and ask why they have not taken any action regarding the TWOC offence.

[Peter Pedant]

// Sorry I think I misunderstood, you mean you have the car and your ex has taken it, that is theft !//

so have I - if she has the car - then the ex cant have taken it!

two things - theft under the theft act 1968 (as amended alot) - if the car is financed then you have to decide whether you have it, the finance company has it, or you have a bit each
conditions 1 and 3 - theft report it
oh and add in " by taking it there is an obvious intention permanently to deprive"

TWOC - taking without consent - dont now an awful lot about that - try it and see

both are police matters

and yes you have a civil claim as well
one doesnt displace the other

if the police try saying - civil matter
try back - I know that - but I am here about Theft and twocking .....

[naomi24]

danny, since he's a named driver on her insurance, perhaps the police don't consider that he's taken the car without her consent, but it does no harm to ask.

[Peter Pedant]

//We don't know that's not his intention.
Even so...he has no right to have the car.//

jesus the usual suspects are out in force !
double negatives must really convince you we know what we are talking about

I dont see that you need legal advice ( visit to solicitor for which you PAAAAAY !) in order to decide whether to hike down to a police station to report a theft

but that is down here as well !

clearly the decision is yours .....

[dannyk13]

Naomi, having his name on the insurance is irrelevant, he still needs her permission anytime he wants to use the vehicle.

[naomi24]

danny, I know, but the break up in the relationship has moved the goalposts. It's a difficult situation. As her partner I doubt she would have been expected him to ask permission every time he wanted to drive the car. She needs proper advice.

[ummmm]

Peter...what are you yabbing on about?

[dannyk13]

She could try Relate rather than go to the expense of consulting a solicitor.

[Pattyrgn]

Sorry to mislead you but it was without my permission as well as my knowledge x