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AIBU?

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Original poster

Should I call the police?

100 replies

SantaIsReal · 05/08/2019 14:09

This is really hard for me to write and has got me in a very dark place and could use some advice. If anyone has legal advice this would be greatly appreciated.

Okay so back story, 5 and a half years ago, I got a car out in finance for my mum as she has pretty bad credit with the understanding that she was going to be paying for it every month, only £147 per month! I received 2 maybe 3 payments at a push. No matter how much I asked for it, threatened to take the car, she never paid & called my bluff on taking the car back.
3 years ago and I give birth to my son. Horrific time for me, I was in labour from Wednesday morning until emergency section early hours of Saturday which resulted in me close to death twice at different points. 3 weeks later & I get a call from my sister asking if we have a loan of £1800. Turns out my mum, for unknown reasons, was in serious rent arrears and was about to be evicted along with my other sister and my dad. So at 3 weeks post birth (still seriously ill), myself, my husband and our newborn head over and we ended up taking a loan out to pay these arrears. I managed to get all of £400 back from her. So there we were paying for a car we had no use of and this loan to pay along side all our own bills!
Now to more recent times, car was paid off (by us) in February. In May I received a debt collections letter advising I owed £540 for a mobile contract. I had this horrible gut feeling that my mum had done it. Called the company and I guessed correctly and she took out a phone contract for my little sister (she has no idea this happened) and obviously stopped paying. The phone was for my sisters Christmas. Just to add a little more, I gave birth to my daughter a week before Christmas.
After numerous phone calls with the company, it actually turns out she took the contract out in August 2017 and the phone was an upgrade!!
She swore she would pay it and she did set up a direct debit with the debt collections company however she, as of today, has only paid £25!!
I have asked for the car back as it is still in my name, to sell and pay off this debt which she is refusing to do and is now ignoring me.
I am planning on going to the police to see if they can help recover the car but I really don't know if this is something they will help with.
What can I do? What do I do?
I haven't reported her for fraud to the police and part of me still doesn't want to even though she has put me in an incredibly sh*tty position especially as I have 2 young children. She has been cut off from our lives but I need to sort this ASAP before this debt goes any further and I really don't know where to begin!

Sorry it's such a long one!

OP posts:
IAskTooManyQuestions · 05/08/2019 14:40

I would report the fraud and I would report the vehicle as stolen and get it returned to you

It isnt stolen - and reporting it as such would get the OP into trouble.

Actually the OP is the fraudulent one in this scenario - taking out loans for another person. Name on the log book isnt proof of ownership.

Lovemusic33 · 05/08/2019 14:43

The police probably won’t be much use. Your best bet is to pinch the car back, she will then report it as stolen but technically it’s not hers so nothing police can do and you will have the car back (as it’s in your name). Learn from this, never lend her money again and I would break contact with her altogether, what kind of mother does this to her own child?

Cheby · 05/08/2019 14:46

It isnt stolen - and reporting it as such would get the OP into trouble.

It is stolen. The OP owns the car and has rescinded permission for her mother to drive it. Her mother is reusing to return the car. How is it not stolen?!

rainbowruthie · 05/08/2019 14:47

What a horrible situation to be in Sad, think that I would speak to a solicitor......

Finfintytint · 05/08/2019 14:51

Cheby because it wasn’t appropriated dishonestly.
The police would say it’s a civil matter but may start poking around possible fraud offences by the OP.

Original poster
SantaIsReal · 05/08/2019 14:53

I think I'll go to CAB tomorrow.
The car is in my name as was the finance. It was just she was using it. I have nothing to prove it was never a gift sadly and her paying me back was never written down.
Contract was taken out in my maiden name under her address. She was acting as me.
@Aquamarine1029 I don't have keys otherwise I would have just taken it back in the middle of the night when there would have been no chance of being confronted with the violence of my dad!

OP posts:
Bluntness100 · 05/08/2019 14:57

The owner is the person who paid for the car

No it's not. The owner is the person whose name is on the v5. Who physically paid is irrelevant, you can have one person take the loan out and register someone else's name on the v5.

Op, is it your name on the v5? If so, get some insurance, you can do a day or even a month, and then take it back. Clearly you need the keys. Go round and ask for them. You can get the police involved if they refuse to hand over the keys.

If your name is not on the v5 there is little you can do.

Bluntness100 · 05/08/2019 14:58

I have nothing to prove it was never a gift sadly

You don't need to prove this. It's legally about whose name is on the v5. That is the legal owner. The loan is not relevant.

mommybear1 · 05/08/2019 14:58

OP get a flag put on your credit file so ANY finance application is flagged and has to go through more checks with you to ensure it's you not your mom. Definitely go to the police.

AmeriAnn · 05/08/2019 14:59

How much was the car?

I feel really bad for you having parents like them. I hope you get it all sorted.

TheFridgeRaider · 05/08/2019 15:02

@Finfintytint I think it could actually arrive easily to appropriate dishonestly from the point of when deadline to return the car was crossed and no car and communication happened. Plus dishonesty test has changed after Ivey so it makes it even easier to prosecute.

Bluntness100 · 05/08/2019 15:06

Op, do you have the v5? As long as you have this, then the police will act, if your mother does not have it with your possession.

If you do not have the v5. You can apply for a copy from the dvla. If your name is not on it, then your mother is the legal owner, she can even sell it. And there is nothing you can do about it

That one document is legal proof of ownership. Whomever the car is registered to as the owner with the dvla.

Original poster
SantaIsReal · 05/08/2019 15:06

My name is on everything in terms of the car apart from insurance.
In total the finance was around £8000.

Thank you so much for your responses. It really helps.

OP posts:
AnastasiaVonBeaverhausen · 05/08/2019 15:06

The V5C is not proof of ownership, it is proof of the registered keeper. It actually says across the top of it that it's not proof of ownership. It's proof of who is responsible for taxing the vehicle. Proof of ownership usually constitutes a receipt/proof of payment.

OtraCosaMariposa · 05/08/2019 15:08

Police aren't going to be interested. This is a civil matter.

TheFridgeRaider · 05/08/2019 15:08

@AnastasiaVonBeaverhausen is right

www.dvla-contact-number.co.uk/the-differences-between-the-registered-keeper-and-owner-of-a-vehicle/

TheFridgeRaider · 05/08/2019 15:12

@SantaIsReal if you don't mind investing couple of quid I can highly recommend checkmyfile.com for credit check. CreditKarma is free, but checkmyfile shows all major credit check companies and it is really detailed. You get first month free, but if I were you I pay for few more after to keep on a top of everything and then move onto free creditkarma

Don't forget that registration with CIFAS.

Bluntness100 · 05/08/2019 15:13

www.autoadvance.co.uk/2014/06/25/logbook-v5-registration-document/

The v5 is proof of ownership other than in certain scenarios, as mentioned in the document, ie company cars or married couples when assets are considered joint. This is not the case here and it would be nigh on impossible for the op to prove her mother didn't own it, if her mother said she did and that's why she was on the v5.

However the op is on the v5 so it's irrelevant. All she needs is this, which she can get a copy of from the dvla if she doesn't have it. She need this document to sell it. And it will absolutely serve as proof of ownership for any police action.

Aquamarine1029 · 05/08/2019 15:17

"A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.

He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift)."

The V5 IS NOT proof of ownership.

WiltedDaffs · 05/08/2019 15:18

The name on the v5 is the registered keeper (and the person any parking/speeding fines will be sent to), the owner is who paid for the car. The owner and registered keeper can be different people. While is was still on finance, the finance company would be the owner until they’d received full payment. Now it’s paid off, the OP is the owner.

RE: the phone contract. Debt collection companies are right buggers and they have lied to you. It doesn’t matter that you can guess the details, of course you can, it was your identity which was stolen! To get them to accept it as fraud you’ll need to report to action fraud, call them up again and tell them the account is a result of identity theft and give them the crime reference number. You might have to ask to speak to the fraud dept. because the ones who answer the phone just follow a script and are a bit useless if someone calls up wanting to do something other than pay. You’ll probably have to badger them a bit but if they keep dragging their heels you can report them to the financial ombudsman, that usually gets their arses in gear.

StupidlittlepricknamedRick · 05/08/2019 15:19

The v5 itself literally says "not proof of ownership".
Just go to the police. I struggle to have sympathy when they just keep taking the piss and you keep letting them. Get the car back and fuck them off.

Isatis · 05/08/2019 15:20

Also to add, I tried to raise it as fraud with the mobile company but because I was able to guess the details they aren't accepting it as fraud.

I bet they didn't, it's much more in their interests to say it wasn't so they can still hound you for payments. However, the police are likely to take more interest in this. Have you checked on the DVL website whether your mother has the car taxed and insured?

I agree the police won't help you in recovering the car, they will say it's a civil matter. It may be worth pursuing debt claims both for that and the second loan, with a view to sending bailiffs in to recover if you get judgment.

BadBadBadPerson · 05/08/2019 15:25

I am not sure of the exact terminology, but I was also look at getting in place a "Notice of Disassociation" - or something like that. It basically puts on your credit file that from x/y/zz date you have nothing to do with your mother, siblings, maiden name applications etc. This was when (not if) they fuck up again it will not be assumed that you are part of the same pattern/problem. Check with CAB.

NoddyAndBessie · 05/08/2019 15:29

There's a bit of misinformation on this.

The owner is the finance company - OP is paying them and will get title to the vehicle once all the payments are made in full.

The name on the V5 is just the registered keeper - doesn't prove ownership in any way shape or form.

Hmmmbop · 05/08/2019 15:38

Yes call the police. Report the fraud. All these loans, finance deals, unpaid mobile contracts in your name will affect YOUR credit rating. What happens when you need to increase your mortgage or if you need a new car?

Go and get the car back. Don't ask. Go round, take the keys, drive the car.