Fraudulently Obtained Registration Document

atrixblue.-MFR-.

even paying the last installment doesnt garentee he's the owner either. just a garentor. so he's wasted his money.

i'm sure the van is now part of your late dads estate/buisiness assests.

your brother has no claim to the vehicle as ownership is with your late dad.

Biggles

Have you thought of taking the death certificate and will to the garage, in all innocence, and requesting to make the final payment?

When they tell you they've given away the V5 without any lawful authority, you can tell them it's up to them to put it right via the DVLA. They might be more inclined to listen to the garage and/or the finance company than to you.

vivera01

Thanks everyone. I'll take all your advice and let you know how I get on.

Mojisola

vivera01 wrote: »

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.

Did your brother claim to be your father? If so, it is something that the police should be interested in.

Have a word with the garage and see what they say about the transaction.

anotherbaldrick

Kick your solicitor about a bit. The asset appertaining to the van should have been declared as part of your fathers estate.

Biggles

anotherbaldrick wrote: »

Kick your solicitor about a bit. The asset appertaining to the van should have been declared as part of your fathers estate.

I think the OP was indicating that it is part of the estate. Give him a bit of time for the paperwork, his father only died this week!

meritaten

as far as I can tell,the deceased was the legal owner of the van and as such the OP is entitled to gain possession of the van and either keep it herself or sell it on behalf of the estate. there should be no problem proving ownership of the van as she has all the payment records bar one.
I can understand OP why you are bitter - your father could hardly have breathed his last when your bro did this - but if they were estranged how on earth could he know that there was only one payment outstanding?
I hope you shake your solicitor up a bit - the ownership of the vehicle SHOULD have been included as contents of the estate and as such I would have thought he would have taken more interest in the matter. YOur bro appears to have been trying to obtain the vehicle by deception.

Biggles

wealdroam wrote: »

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

anotherbaldrick wrote: »

Kick your solicitor about a bit.

meritaten wrote: »

I hope you shake your solicitor up a bit

I certainly wouldn't bother your solicitor with this unless it becomes absolutely necessary, the probates fees will be quite enough as it is; if he adds this it might well exceed the value of the van.

meritaten

'scuse me - but surely it is up to the solicitor to establish the extent and worth of the estate? this includes ownership and whereabouts of all goods and chattels (including the company van?) this is NOT actually down to the executor!

wealdroam

meritaten wrote: »

'scuse me - but surely it is up to the solicitor to establish the extent and worth of the estate? this includes ownership and whereabouts of all goods and chattels (including the company van?) this is NOT actually down to the executor!

No, it is an executor's job to establish the extent and worth of the estate.
An executor may be a solicitor, but need not be.
An executor can enlist the help of a solicitor if he wishes.
But no solicitor need be involved.