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Legal advice sought

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Comments

  • Wig
    Wig Posts: 14,139 Forumite
    edited 5 January 2010 at 9:01PM
    Have you asked the DVLA to explain the ONLY circumstances that they will accept a transfer of RK?

    I think it is either
    1. They receive an application in the absence of RK signature asking to become RK, in which case they write to existing RK to obtain a "no objections" they don't transfer the vehicle for 6 weeks to allow the RK to object.....Surely they must know if they did this.

    2. They recieve a signed V5 from the RK authorising transfer

    We know that neither of these were done so we know it was done fraudulently, Ask the DVLA after confirming the above methods, what they intend to do about this known incident of fraud? What do the police say about you reporting this fraud? Never mind what the police say about lending the car, FACT you did NOT sign any V5 therefore fraud HAS been committed.

    What date was the transfer done? DVLA cannot withold that info from you as you are previous keeper.

    After confirming the above with DVLA& police write to your MP, better still go to their office and ask to speak with them urgently.

    As previously mentioned in the thread, have you been to the dealership and asked them for a replacement key, if that is possible, how much etc, show them Your V5 with your name on. Then would it not be possible to go and watch him park the car and just drive it away from him..... you have possession.

    Also in the absence of a key, you could hire a flatbed truck driver to help you to pick the car up and bring it to a place of safety. Bingo!
  • cale
    cale Posts: 4 Newbie
    I hate reading all the way to the end of a thread only to find there is no outcome of the problem so I am updating it.

    It all got sorted out in the end I am happy to say.

    It took a lot of calls, faxes and e-mails to the finance company but they eventually advised me to miss one payment and instruct them to repossess the car from my ex.
    As it was not a normal repossession there was a lot of faffing around and mis-information between their departments. It took another 2 months but they did actually pick it up from him! They did have to get a detective agency to find him and a recovery company to go and uplift it.

    They unfortunately would not give me the car back though, said it had to go to auction to be sold.
    I was worried that it would not make enough to pay off the finance but it acutally went for a lot more than I thought it would!!
    I even got some money back :j

    Another good thing is they agreed not to put a default on my credit file and even took off the 2 late payments that were on there for the 2 months it took them to arrange the repossession! The account just shows as being settled.

    It took 4 long months but I am happy with the outcome.
    Anyone else with the same problem should really get their finance company onside.
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