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Proceeds Of Crime

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WeeIJ | 11:59 Sat 23rd Aug 2014 | Law
11 Answers
Hi

I was recently charged with possession of drugs, I have since been charged with proceeds of crime.

I got a car on finance a few years ago for my friend & they paid the money each month, how do I prove this to the court if I am no longer in contact with my friend
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If you do not have the car and you do not have the money neither will be liable to confiscation under the POC act. What is the problem, exactly?
12:01 Sat 23rd Aug 2014
If you do not have the car and you do not have the money neither will be liable to confiscation under the POC act. What is the problem, exactly?
And I forgot to ask - I assume the offence was possession with intent to supply?
If the car was bought in weelj's name could it still be considered to be his?
Question Author
The car was purchased in my name, but transferred within weeks of purchase! The problem i have a house which has equity in it, I have work since I was 16, & had my house since I was 18!

Yes the charge was intent to supply!
i'd be more worried about my house than a car ...
Question Author
I'm not worried about the car!
Your OP only mentioned the car,which you now say you are not worried about.?!!
-- answer removed --
If the car is subject to an hire purchase agreement then it belongs to the finance company until the last payment is paid.
Question Author
I can explain all other income, only money I can't explain is the money for the car, that's why my question was about the car, I am 35 now

Would my lawyer or the court be able to track down my friend via a check on the car (ie the registered owner) to verify this?

The finance was paid off.
Your friend may no longer be the registered keeper so a check on the DVLA record may not help unless they can also provide details of past keepers. You need to ask your lawyer whether he can get such a check done (I don't think the Court would do it). It may be that the police would have to request the check.

You need to bear in mind that your friend may not be willing to help you if you do find him - it might depend on whether he can prove how he got the money to pay you, & why he got you to do the finance for the purchase.

It may be possible to use a tracing agent to try & find your friend - but this would cost money & may not be successful. Your lawyer should be able to advise you on this.

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