next of kin rights

baronsdale

Long story but here it goes....
My wifes dad died suddenly last week and whilst he was in ill health he trasfered keepers details of his car into his friends/carers name for insurance and legel reason ie if speeding fines or parking tickers she would be liable .. he did not sign her over ownership hence we still have the key paper work mot service history and reciept of sale .her dad kept hold of the v5 but due to policing errors she was allowed back into the house and took lots of thing belonging to him we can not prove this as we cant list things bit one of these things was the v5 .how do we stand or what can we do to get the car back .this is not about money its the moral issue of her actions . Many thanks in advance

Tuesday_Tenor

Hmmm .. if she has the car and the V5, and you have no other paperwork confiming the car was loaned to her, you probably have little chance of proving it wasn't a gift from your father-in-law to her .....

Have you formally asked her when she's going to return the loaned car?

>>> this is not about money
Well, would you consider doing a letter via a solicitor asking her to return the loaned car, as if it's not returned by dd/mm/yy it will be reported to the police as lost/stolen. Might just scare her into returning it. Though if she knows you can't prove its loaned there's not a lot more that can be done.

Have you reported the thefts to the police? If you've no evidence, you won't get very far, but it's worth trying, see what they say.

Have you now changed the locks?

I don't suppose the car is specifically mentioned in his will is it, so confirming that he, previously at least, intended it to go to someone else? Unlikely to be mentioned.

BobQ

The V5 just records the registered keeper not the owner.

If there is no evidence that the car was sold (like a receipt or a signed letter gifting the car) there is no proof of ownership by the carer.

https://www.askthe.police.uk/content/Q743.htm

So if you have proof of purchase and the carer has no proof of purchase or being gifted the car, you may have a case for its return. Or you could go to the police and explain that the car has been stolen.

Who pays the insurance? Whose name is the policy in?

madbadrob

HOwever the police would not get involved if the V5 is in the carers name. The police see that as ownership even though the law doest

Rob

BobQ

madbadrob wrote: »

HOwever the police would not get involved if the V5 is in the carers name. The police see that as ownership even though the law doest

Rob

Interesting that you state the view of the police is not as I state when my link above is to a site operated by West Yorkshire Police and Crime Commissioner designed to answer such questions in an authoritative way to save police time.

Also the V5C makes the point very clearly that it is not proof of ownership. Many companies register an employee as the keeper of a vehicle they own (its actually illegal not to do so if the driver is the sole user of the vehicle).

madbadrob

Bob I know that but the Police have no other way of proving ownership other than with the V5. Have been through this when I divorced from ex wife. I bought the car I owned the car but for insurance reasons she had to be registered keeper. Police wouldnt get involved and when I said I would therefore report it stolen they told me that this would just get me arrested for wasting police time.

How else can you prove ownership? Unless of course you keep the receipt you got with the car in the first place

Rob

baronsdale

Thanks all for your reply .
I have the receipt for sale of car she has nothing to say the car was a gift as there was no such paperwork .the v5 clearly States that is is not prove of owner ship .the police have acted disgraceful as I know an inspector in another county his quote not mind .police have said thatt as we dont know what was stolen we cant report a theft .

Mojisola

Do you have a key for the car? Do you know where the car is being kept?

baronsdale

Hi yes I did have the main key the handbook recipet service history and all othrr corasponding paperwork . I had the key untill I took the car from her and she report ed it stolen and the police took the car back and gave it to her in my opinio they were wrong as we have In my eyes prove of ownership

rpc

baronsdale wrote: »

Hi yes I did have the main key the handbook recipet service history and all othrr corasponding paperwork . I had the key untill I took the car from her and she report ed it stolen and the police took the car back and gave it to her in my opinio they were wrong as we have In my eyes prove of ownership

Have you made a complaint?
https://www.ipcc.gov.uk/complaints

madbadrob

I contacted the police on this subject and their response was it is down to a court to decide ownership not theirs. They refused to answer how they would respond if the legal owner not named on the V5 but the OP's later post backs up my own view.

Keep all receipts etc however they did say one of the things they would look at (courts that is) was who taxed insured the car etc.

Rob