Fraudulently Obtained Registration Document

asbokid

Take yourself on a break to get away from it all. Deaths (or more precisely inheritance) can bring out the worst in people. Families that previously were close have been ripped apart, arguing like vultures over the spoils of an estate.

atrixblue.-MFR-.

TBH your brother is bitter at you, you obtained and fubared his plans to make a bit of cash. his wife can tell the whole country she owns that van but in reality a V5C is just a registered keeper responsable for taxing and fines, if you write for a V5C they will write to her for conformation of change of detailes wich i bet she will deny, and so will dvla to refuse a new v5c. if you wanted the v5c back in your name youll have to go to your nearest dvla centre and sit down with a supervisor, explain what has gone on and hopefully void the existing one reissue you with it minus an owner if you can, per every time you register a car it adds an owner to the vehicle, technically your brother do not own the vehicle so the dvla should make note of that. youll have to take proof that your dad purchased the car (hire agreement and pay slips to the company), with explanation they should see the picture and help you out, as over the phone your talking you breath away and can produce facts so the person from dvla is just not taking it seriouly where as in person with facts youll get further.

i think your going to have to get a solicitor and go down the police station to sort out this imposing your dad situation, maybe the only way the police will actually listen to you.

Careful_with_that_Axe

What an awful situation to be in. You have made sure there is no way he could access you late Father's bank accounts etc, I take it?

Scooby_Doo.

atrixblue.-MFR-. wrote: »

i think your going to have to get a solicitor and go down the police station to sort out this imposing your dad situation, maybe the only way the police will actually listen to you.

I wouldn't waste the money, either a criminal offence has been committed or it hasn't, taking a solicitor will not change that fact and will only cost the OP money.

Flyboy152

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.

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.

Why did the dealer have the V5? Surely it would have been the finance company who had retained it?

Flyboy152

vivera01 wrote: »

It is the executor in conjunction with the probate office who assess the assets of the estate.

The value of the van is only £7k so not really worth worrying about. It's the principle that my dad worked and paid for the vehicle for 3 years and my money-grabbing brother can walk into the garage, make the final payment on the basis he's doing it out of the goodness of his heart, and they hand over the log-book to him. It's worsened by the fact that his wife (whom my dad hated with a passion because she is sleeping with the entire town) is gloating about the van belonging to her as she signed the V5 document to put it in her name.

How could he have paid the dealer, your father didn't owe the dealer anything.

She's a school teacher - I believe you can't work as a teacher when you have a criminal record. If she's lucky, she may end up stacking shelves at the local supermarket. Good enough for her.

What goes around comes around. I'll be emulating my dad and doing everything by the book and I'm sure they'll get their just deserts soon.

Not entirely correct, it depends on what the conviction is for.

Flyboy152

asbokid wrote: »

You have the grant of probate(?), you have the vehicle, you have the keys.. so apply to DVLA to be the registered keeper, enclosing a copy of the death certificate and grant of probate.

I wouldn't have thought that would have been granted, after only a week.

Flyboy152

atrixblue.-MFR-. wrote: »

TBH your brother is bitter at you, you obtained and fubared his plans to make a bit of cash. his wife can tell the whole country she owns that van but in reality a V5C is just a registered keeper responsable for taxing and fines, if you write for a V5C they will write to her for conformation of change of detailes wich i bet she will deny, and so will dvla to refuse a new v5c. if you wanted the v5c back in your name youll have to go to your nearest dvla centre and sit down with a supervisor, explain what has gone on and hopefully void the existing one reissue you with it minus an owner if you can, per every time you register a car it adds an owner to the vehicle, technically your brother do not own the vehicle so the dvla should make note of that. youll have to take proof that your dad purchased the car (hire agreement and pay slips to the company), with explanation they should see the picture and help you out, as over the phone your talking you breath away and can produce facts so the person from dvla is just not taking it seriouly where as in person with facts youll get further.

i think your going to have to get a solicitor and go down the police station to sort out this imposing your dad situation, maybe the only way the police will actually listen to you.

One would have thought, then, that DVLA would have written to the previous keeper when the sister-in-law changed the details.

Wouldn't this have taken longer than a week?

vivera01

Well, yesterday, two "police officers" went to the house of one of my dad's employees and threatened him with arrest if he didn't hand over the keys to the vehicle. He bought some time by telling them the van is in a secure compound and he couldn't get access until next week.

I phoned the police to ask what was going on as they have persistently told me this is a civil matter and to my surprise they said they don't have any record of my brother having made a formal request to them, or the officers' visit. They are now assuming either it's a case of nepotism, money has exchanged hands or they weren't police officers at all.

No warrant was disclosed - they just expected the guy to let them drive off with the vehicle and give it to someone 'claiming' to be the owner. Anyway, the V5 is in his wife's name so has nothing to do with him anyway.

Will update you later when the matter is concluded.

mikey72

vivera01 wrote: »

Well, yesterday, two "police officers" went to the house of one of my dad's employees and threatened him with arrest if he didn't hand over the keys to the vehicle. He bought some time by telling them the van is in a secure compound and he couldn't get access until next week.

I phoned the police to ask what was going on as they have persistently told me this is a civil matter and to my surprise they said they don't have any record of my brother having made a formal request to them, or the officers' visit. They are now assuming either it's a case of nepotism, money has exchanged hands or they weren't police officers at all.

No warrant was disclosed - they just expected the guy to let them drive off with the vehicle and give it to someone 'claiming' to be the owner. Anyway, the V5 is in his wife's name so has nothing to do with him anyway.

Will update you later when the matter is concluded.

If they come back next week, stall them, then get the real poice round.