Is someone breaking the law?

mc303m

lincroft1710 said:

mc303m said:

I would like to refer back to the original question which is, my aunts car as been taken from her home driven 650 miles away and the V5 has been changed, my aunt has no mental capacity to give permission, therefore is this legal or illegal

So the vehicle must have been driven from England to Scotland or vice versa if it has been driven that far away.

Sorry, 650 return journey

lincroft1710

As you have said your aunt was sectioned over a year ago, there are 2 vehicles together worth £100K, so someone has to look after the insurance and SORN

T.T.D

If your hasn’t given permission or has no capacity to give permission, there is no deputyship/LPA of her finances held by sister or the son.
Depending on varying and very specific conditions. I’ll throw this out there but I could stand to be corrected.

1. With no permission to drive and keep the vehicle, there could be two offence committed.

(a).Twoc (taken without consent) they took it without owners authority.
(b). Theft (taken with the intent to permanently deprive) as in they took it without authority to do so with te intent to either keep it for good or sell it and keep the money.

2. Fraud, the DVLA will write to her to confirm ownership if they used a form to claim the V5C and car as theirs using A V62 IIRC. Or if he/they (your sister and her son) acted without authority and filled it in as though they are the keeper. They have committed fraud at the same Time. 

Before throwing accusations though you need to establish how your sister has come about to have taken control of decision making .

I believe you should contact Adult Social services with concerns regarding to decisions, and I believe if you feel offences have been committed you should tell police. 

I believe paying her a visit to the  care home and asking the care home what’s currently in place as a decision maker/someone who deputyship or similar legally. 

mc303m

lincroft1710 said:

As you have said your aunt was sectioned over a year ago, there are 2 vehicles together worth £100K, so someone has to look after the insurance and SORN

Yes I agree, but surely that does not give them the right to take the vehicles for their own use!

lincroft1710

mc303m said:

lincroft1710 said:

As you have said your aunt was sectioned over a year ago, there are 2 vehicles together worth £100K, so someone has to look after the insurance and SORN

Yes I agree, but surely that does not give them the right to take the vehicles for their own use!

I thought you said only one vehicle had been taken.


As I said previously said if the vehicles aren't used they will deteriorate and vehicles worth £100K left standing and uncared for will soon become vehicles worth a lot less than £100K. 


So who has been looking after your aunt's house and affairs while she has been in care all this time? Your sister must have had keys as I would have presumed the car keys would have been in the house.

elsien

Checking if there is a deputyship in place.

https://www.gov.uk/find-someones-attorney-deputy-or-guardian

Raising a concern about a deputyship. 

https://www.gov.uk/report-concern-about-attorney-deputy-guardian

If you want to ask about objecting to a deputyship but are not one of the people down to be notified them you’d need to call or email them to ask about the process. 

If there is a dispute there is a possibility that a professional deputy may be appointed instead.

It does seem
though that the other relatives may be closer to what’s going on than you are, given that you weren’t aware she’d moved to a care home? 

turnitround

Has your mother actually spoken to her sister to find out what is going on?

MalMonroe

The problem is that you do not appear to know the whole story, so unfortunately, nobody here can give you the answer you want.
Only an opinion (including myself).

Had the property belonged to your mother rather than her sister, then you could have had more of a say in who took it, borrowed it, looked after it, whatever.

Sadly you don't seem to be speaking to your sister who you assume has been using cars without your aunt or her representative's permission.

Very often things are not as they seem and the person using the car/s could very well be doing so in an above board and acceptable manner.

You really do need to get all the correct and relevant facts before anybody can say whether what's been going on is legal or illegal. And when you have all the facts, you can act accordingly.

But for now, all anyone has is supposition and accusations. Not enough to bring a case in the UK.

Have you tried having any conversations with other members of your family in an attempt to find out what's been going on?

That's the only way you will get to know the truth.