Not paying for fuel and driving off

TadleyBaggie

Sly72 said:

The registered owner of the car is Clouds88,

There is no such thing as a registered owner, only registered keeper.

TheAble

Sly72 said:

TheAble said:

Why do you believe you are legally responsible as the owner? I would have thought your husband would be responsible if by his own admission he committed the offence.

The registered owner of the car is Clouds88, so anything like this they use info from DVLA, unless they can obtain CCTV to show otherwise, bit like speeding fines unless you can prove you are not behind the wheel.

Op may wish to verify for herself. The offence appears to be covered by the Theft Act 1978. At first glance I can't see anything which says the legal owner would be responsible rather than the perpetrator. 

Sly72

TadleyBaggie said:

Sly72 said:

The registered owner of the car is Clouds88,

There is no such thing as a registered owner, only registered keeper.

OK sorry for my Mistake or should that be Error!!!

Note see footer at bottom of my post: I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense

Grumpelstiltskin

Surely only the police could charge someone under the Theft Act?

If so then there would have been a case at the Magistrates Court?

There wouldn't just be debt collectors turning up.

OP says the date was July, no way would debt collectors be turning up in August just 4 weeks later. 

Something isn't quite right here.

Sly72

Grumpelstiltskin said:

Surely only the police could charge someone under the Theft Act?

If so then there would have been a case at the Magistrates Court?

There wouldn't just be debt collectors turning up.

OP says the date was July, no way would debt collectors be turning up in August just 4 weeks later. 

Something isn't quite right here.

Under the Theft Act they would have to prove it was the OP that did the crime.

Clouds88

They haven’t gone to the police as far as I am aware and my husband will admit the debt but when I spoke to the second debt collector (of 3) and the only one I’ve spoken to so far he said it doesn’t matter if my husband admits it or not the fact that I am the legal owner of the car means the liability falls on me?

Either way it will come out of his money eventually but I will just have to foot it first of all. I just feel so embarrassed that they have turned up at my old address and other people now know about this situation. 

Clouds88

Also thank you for all your advice I feel a bit more chill about it now I was a wreck earlier thinking about it all.

MikeJXE

Make sure you keep the tank full

That way he doesn’t need to fill up 

sourcrates

Never take advice from someone looking to take money from you.

The person liable is whoever did the deed.

Whilst the keeper is a good starting point, the claimant still needs to prove who actually drew the fuel.

Keepers are not vicariously liable for whoever uses the vehicle - the debt collector is being, lets say, sparse with the truth here.

lisyloo

Sly72 said:

TheAble said:

Why do you believe you are legally responsible as the owner? I would have thought your husband would be responsible if by his own admission he committed the offence.

The registered owner of the car is Clouds88, so anything like this they use info from DVLA, unless they can obtain CCTV to show otherwise, bit like speeding fines unless you can prove you are not behind the wheel.

I don't think that's quite right.
The innocent don't have to prove their innocence. The burden of proof is not on them.
For speeding fines the registered keeper has to name the driver (or give a satisfactory explanation as to why they cannot with a massive penalty for lying about it).