Fraudulently Obtained Registration Document

vivera01

My father, who passed away this week, was the sole trader of a small business.

His assets included a van used for business which was on a contract purchase scheme whereby the V5 was retained by the finance company until the loan was fully paid. There was only 1 payment outstanding on the account after which the van would be changed into his name.

In the meantime, my brother, who has no claim whatsoever on my father's estate, has been to the garage where the van was bought, made the final payment on the vehicle and has been given the V5 by the garage. His wife promptly signed the change of ownership and sent off to the DVLA for re-registration. The reason his wife has done it is my brother is about to be declared bankrupt.

I had the police here today but they say it's a civil matter. My solicitor hasn't responded to my questions. Surely this is theft? My father has complete records to show he made payments for 3 years, paid for the insurance and is the only driver listed.

I've e-mailed the DVLA (the contact numbers for them are completely and utterly useless) and told them of the situation but they haven't get got back to me.

I really hope someone can give me some good legal advice as to my position.

You should probably know I have had the van taken to a secure lock-up and it won't be handed over to the thieves other than through a court order.

asbokid

Very sorry to hear about your old man.

I ain't no lawyer but...

The Registered Keeper shown on the V5 certificate is not automatically the owner.

This sounds like a question for a probate lawyer. The motor is just another asset in your late father's estate.

By exploiting DVLA's defective procedures, your brother has become the Registered Keeper of your father's van, but since he has no claim on any part of your father's estate, your brother is still not the legal owner of the van.

wealdroam

While you get this sorted out, remember that a V5 is not proof of ownership.

As you have details of payments made, your solicitor will have no trouble with this.

the_big_fact_hunt

if you do not have the vehicle, report it stolen, then when dealing with it, mention that it was obtained by deception, which is fraudulent, it should be taken seriously, if not, request to see a senior orifice

wealdroam

the_big_fact_hunt wrote: »

if you do not have the vehicle, report it stolen, then when dealing with it, mention that it was obtained by deception, which is fraudulent, it should be taken seriously, if not, request to see a senior orifice

But the OP does have the vehicle.

We are told...

vivera01 wrote: »

You should probably know I have had the van taken to a secure lock-up and it won't be handed over to the thieves other than through a court order.

Incyder

what does the will say ?

who says he has no claim ?

can you prove it ?

You sound bitter about something.

vivera01

There is a will. I am the executor and sole beneficiary. My brother stole from and persecuted my wonderful father until the day he died. So, yes, I am bitter.

Thank you for all the positive replies and the information about the V5 document.

Homersimpson

Get the van and drive it through as many speed cameras as you can :rotfl::rotfl:

Kilty_2

Homersimpson wrote: »

Get the van and drive it through as many speed cameras as you can :rotfl::rotfl:

This. Definitely this.

Marvel1

DVLA can't do anything either, the V5C was to them correctly completed and processed.

Hammyman

The V5 even states on the front page in big letters in the middle that it does not prove ownership.