Someone else (unknown) has registered my car in their name

[d.stockdale]

I bought a car, registered it in my name and let a family member use it. Unbeknown to me they subsequently lost their driving licence after incurring penalty points and 'loaned' the car to one of their friends. The cars documentation was apparently in its glovebox, and i'm assuming this has been used to register the car in someone elses name. That friend has either sold the car or registered it in their name. Naturally, I want the car back as all this was done without my knowledge, but the DVLA and Police have been unable to help.

 

I've contacted the DVLA to ask who the car is currently registered to, but they returned my cheque saying that they do not get involved in supplying details, even though i'm the rightful owner of the vehicle.

I've contacted the Police who told me that this is a civil matter, not a matter that they can deal with.

 

All very frustrating, can anyone suggest how I can a) find out who's got my car; b) Get it back!

 

Kind Regards

[flyingdoc]

can your relative not tell you who he/she "loaned" the car to?

[buzby]

It shows you how important it is to keep the V5 safe. As you had the car insured, why not tell your insurer that you have no idea of its whereabouts. They may not pay up as it was 'stolen' with the keys, but they could provide useful info.

[d.stockdale]

Frustratingly, I cant find out who 'loaned' the car, and i'd assumed that the insurance company would have nothing to do with it as it hasn't technically been stolen, or has it?

[flyingdoc]

Sadly your first course of action would be against your relative who borrowed it.

 

They were responsible for it and they allowed it to be taken from them (or loaned it out) which I presume that you did not give them authority to do.

 

since the car has not been returned then it is stolen and I would register it with the police as such

 

Why can you not ask your relative where it is?

[pompeyfaith]

I would also be quesioning the DVLA as to why they accepted the change of details on the reg doc without your signature as there is a sellers and buyers signature box

[buzby]

As you have been deprived of the use of your property, and without consent I'd certainly assert it HAS been 'stolen'. As for the DVLA is happy to pass on RK details on the flimsiest of excuses, I'd suggest you make an RK enquiry, stating that you have reasonable cause to believe your vehicle has been stolen and re-registered and you require the details to permit legal recovery.

[patdavies]

It is important to remember that the name on the V5 is that of the registered keeper - not the owner; although in the majority of cases, they will be one and the same person, they remain different legal entities.

 

So regardless of to whom the car is now registered, you remain the rightful owner. I trust that you have paperwork to prove that (invoice, receipt, etc.).

 

I would go back to the Police and inform them in no uncertain terms that it is not a civil matter, your car has been stolen and you want action.

 

I would also follow Buzby's advice and deal as he suggests with the DVLA - in writing. What you need is the first instance is a form V888 (downloadable from the DVLA website here) . Complete that and make the justification as Buzby says above. if you have a receipt, attach a copy as proof of ownership.

[buzby]

As PatD suggests, there is absolutely no reason for you to roll over and be deprived of the use of your vehicle because it wasn;t taken from you by force. There are too many instances of civilian staff at police stations doing all they can to suggest anything (and everything) is a 'civil matter', whilst there may be times this would be a legitimate response, in your case I think we're all agreed that this isn't, and you need to track your property down ASAP!

[Spunkymonkey]

Point out to DVLA that they are not supposed to accept a V5 for change of keeper unless it's signed by the existing keeper (ie: you) and I assume you didn't leave the V5 in the glovebox already signed for a transfer?.

 

Also, if a V5 is requested by a new keeper because the old one is "lost" they are supposed to confirm the transfer with the person on their records (again you). I assume they didn't get in touch when it was re-registered?

 

Given that, and the fact that it has been stolen - borrowing something and then disposing of is as if it's your own is theft according to the Theft Act 1968 S.3 - you have every right to be given the current details.

 

As has been mentioned, you also have every right to have the police involved in tracing it.

 

edited to add: Note that the thief in this case is your family member, not their friend. However, if the friend was aware, or should reasonably have been aware, of the situation (such as by the V5 having your name on it) then they may also be guilty of handling stolen goods

Edited January 31, 2009 by Spunkymonkey

[d.stockdale]

Many thanks for the advice, it is appreciated and has made me feel more positive about resolving the issue. First off I will write to the DVLA again, but this time include receipts and point out that I have never signed any change of ownership paperwork that they have clearly processed. If I get registration details information from them I'll go back to the Police armed with that (and the fact that the vehicle has been taken without my consent) and try to get them to do something to aid legal recovey.

[crem]

Why aren't you reporting it as stolen even before you get the DVLA details? You can take that new info into teh police later, but at the moment, irrelevant of what is on the DVLA database, the car remains stolen.

 

If you present your legal status to the police anyway, they should be able to access the DVLA info instantly and they will know who/where the car is supposed to be with now.

[d.stockdale]

Regarding reporting to the Police, I originally walked into a police station to report the theft, to be told its a civil matter. Is there any other way that I can report the matter?

[buzby]

Go to your local police station and if you are told it is a civil matter, ask to speak to the senior officer on duty. It isn;t a civil matter if you don't know where your property is.