Sadly I Am Becoming A Thief !

[mennace]

Hello All

Havn't been here for a while but would appreciate some advice and knowledge. As the title suggests I have now to become a thief ! Let me explain.... Have recently parted with my girlfriend and allowed her to use my RAV 4 1999 3 door whilst she settled into her new home. When I told her I wanted the car back she explained that as she has taxed and insured it for the past year it is now hers ? Anyway all the papers plus bill of sale are in my name as I am the mug who bought it.

Anyway my question is a simple one :-

I still have the original Grey key for the car ( She has the other 2 with flickers ) if I travel to London to reclaim my car I know I can get in to it ok but will it start ?????

Have spoken to the police and they say I must use lawyers to get the car back at £ 200.00 per hour and car only worth a grand its not worth going down that line.

So you see my dilemma

Anyone have any advice as to the key situation I would be most grateful

regards

dave

[Big Kev]

Who owns the air in the tyres.......?

[Parts-King]

A sad dilema!

Taxing and insuring a car does not make you the owner

There are two options as I see it (well I added two more)

1: Report it as "taken without the owners consent" TWOCing as it is known is an offence

2: Tell her that is what you are going to do and give her say 7 days notice of your intention, with the proviso that any damage incurred is here responsibility

3: Put it down to experience, move on and let her have the car

4: :D: :D: :D:

Kingo

[Davrav]

Who is the registered keeper on the V5?

[Parts-King]

Just go and get it.........it's yours!!

[firemac]

Who is the registered keeper on the V5?

Not relevant, Dave. There is a big notice on the front of the V5: "This document is not proof of ownerhsip". Of course that leads to the question, "what is it f***ng for, then?". There is a multi-billion pound industry built around a registration document that doesn't register anything!!

Unfortunately the law these days is a complete a55 in that it exists to make sure that the rights of the guilty are not trampled upon; the rest of the law-abiding citizenry can p155 off and waste £,000's trying to recover their own property.

Knee j*rk reaction it may be but I'd take it back any way I couild. If that fails it would be better as a BBQ.......

[FROSTYBALLS]

The V5 is what is says - it is a document that gives proof of registration. Which then allows you to tax it, insure it, etc.

Ownership: if you have hire purchase, the car belongs to the finance company until the last payment is made; leased vehicles belong to the leasing company; etc.

[Davrav]

Agree with all you say Jim - if the vehicle gets clicked by a speed camera the fine will go to the name and address on the V5.

Unless Ex can produce a bill of sale or receipt for payment for said vehicle or a document showing it as a gift then it is still owned by Dave.

As Kingo says, just go get it or get a repo company to do it . Put the onus on her and let her prove ownership.

[mennace]

wow Thanks Guys ! Mega quick resonse, I confirm that I have the V5 but my question still remains unanswered ? will my grey key start the engine ? I know the alarm will be tripped but once the key is in the ignition will it start the car ?

regards

dave

[FROSTYBALLS]

The grey key is often the key that used to be left with a garage when the car was in for service - the valet key - so is usually able to start the engine, etc. As regards the alarm, when you unlock the driver's door using the grey key, I would have thought that would disable the alarm.

What the grey key won't do is things like unlock the glovebox, etc.

[Parts-King]

On a 99 model it proably has the old T5000 alarm, oblong boxes with a red and black button on? That said most of those alarms would be long dead, their longevity was not good

If so then you will get in the car but it will not start. You could as mentioned above get the "Repo Man" to recover it somewhere safe and you then take it home

I would be inclined to make the threats. You know the idea, This is a legal notice of intended prosecution, unless you release the vehicle by 17.00 hours, such and such a date, I will be forced to report the vehicle as "Taken without owners consent" and you maybe prosecuted for said offence bla bla, it should have the desired effect

In truth you have given her the car to use, so in real life she has not commited an offence, but nothing like applying the pressure, gently at first for 7 days then just go for it! Nothing to lose eh?

[mennace]

thanks kingo

well have made up my mind im gonna try to get the car using the grey key that I have if it don't start then I have bought a steering lock that covers the steering wheel and lock the car so she cant use it, am told if she damages the lock then it is criminal damage and then the police will have to get involved.

Just wish the police occasionally would actually do the job they are paid to do instead of stalking innocent motorist for doing 35mph in a 30 limit

rant over !

[Parts-King]

Good plan!

Yes it would be criminal damage if she tried to remove it

It's actually a civil matter so no point in blaming the Police, you gave her permission to use it Civil matters are looked after by lawyers who charge the earth, best avoided if at all possible

Good luck, let us know how you get on?

[anchorman]

You might get arrested for taking the car. Having the V5 isn't necessarily good enough as it depends on what was said about her keeping the vehicle. It also depends on how long you have been partners as such things like custom and practice start to come into it. If you just go and take it as you are clearly planning to do and you get caught then it might be a good idea to take some 'jamas with you as a police holding cell might be cold.

Want you want is legal advice, not our opinion and I for one would not condone you taking that vehicle with the service key without knowing an awful lot more about the situation. My name is on my V5 but I'm no more entitled to own it than my Mrs and I'm not sure a marriage certificate is all you need to make such a claim these days.

[Parts-King]

Take the car-worry about Plod later........what they gonna do? Run your name through the computer and see who owns it? Oh......thats you!

Of course if you are going to drive it you must be insured to do so??

Have all the docs, ID, bill of sale with you.......it's yours!!..........Isnt it?

[mennace]

Great advice guys, really cant see plod pulling me for this and I am fully insured on the car and am the registered owner.

Sod her theft is theft which ever way you look at it will keep you posted

dirty deed to be done on Saturday nite

obviously will wear the obligatory balaclava and striped t shirt lmfao

cheers all

dave

[Parts-King]

Something like...........?? That has to be the most effeminate looking thief ever

[firemac]

Something like...........?? That has to be the most effeminate looking thief ever

I see you've finally lost the moustache, Kingo.

[Parts-King]

oooh Betty

[Pogle]

On the information in the OP's posts if he reported it to the rozzers the most they are likely to do is to visit the ex and tell her that she must not sell the car as there is a dispute over ownership. It is a civil matter between the two parties not a criminal one so I would not expect them to take any other action.

[Big Kev]

On the information in the OP's posts if he reported it to the rozzers the most they are likely to do is to visit the ex and tell her that she must not sell the car as there is a dispute over ownership. It is a civil matter between the two parties not a criminal one so I would not expect them to take any other action.

Agreed wholeheartedly......as they will take no action to recover HIS vehicle, what action will they take when she reports HIS vehicle has been removed by HIM HIMSELF? Unless she reports it as stolen by parties unknown......God help her when the bloys in bue find it all to be part of an acrimonious split......lol.

[CharlieFarlie]

Great advice guys, really cant see plod pulling me for this and I am fully insured on the car and am the registered owner.

Sod her theft is theft which ever way you look at it will keep you posted

dirty deed to be done on Saturday nite

obviously will wear the obligatory balaclava and striped t shirt lmfao

cheers all

dave

I think a point that has been made several times is the registered keeper is not necessarily the owner of the car...

If you have a receipt for the car or a bill of sale that suggests YOU paid for it OR maybe a bank statement in your name and not in joint names that says you paid for the car then you have a good claim to the car..

However if you have none of the above then be careful as you Ex may say it was her or your joint funds that paid for the car...

My daughter is a lawyer and is sat here beside me... She says just arriving and driving the car away could land you in very deep water far deeper that a grand is worth if you just take the car with no warning.. Basically you must have proof that it was your money and your money alone that paid for the car.. Even then there is the complexity of splitting assets ..

Consider also that the bill may see you as a big bad angry person and your Ex as the wounded party if you just snatch the car and a complaint is lodged..

Me ? Well as unhappy as I may be I would just write the !Removed! thing off and move on....

Whatever happens do not get into litigation.. My nippers time is billed at £235 an hour.. You dont want to be needing to seek legal advice at those silly rates...

[anchorman]

I thought that might be the case. It makes perfect sense in a crazy world - you can get nicked for taking your own property. I would also be interested in the other half's version of events.

For what the vehicle is worth, I would walk away too.

[mennace]

hello again

just for info I have a bill of sale and also can prove that the money to buy the car came from my account, we were not married just were together. I could easily just give her the car as suggested, and possibly had she asked for the car I may have just let her have it but now a principle is involved. I guess I am more angry at the Police rather than her and their cavalier attitude towards my property it really is legalised theft. I shall ponder this week as to wether or not to take the motor .... a few of the comments are worrying me a little worried? especially Charlie. Hmmmmm But still like my idea of locking the steering wheel until a satisfactory outcome has been achieved.

Still don't 100% know wether my key will work ?

cheers all

dave

[mennace]

Oh! And love the pics lol