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Original poster

STBXH illegally transferring car - useless police

38 replies

VeryWorried1 · 29/11/2022 16:48

I've posted before about my sister's abusive STBXH. Well, it's been over 8 months since their separation, she has a non-molestation order against him, and his abuse (from a legal distance) has not stopped.
The police are utterly useless - he's taken the family home - changed the locks and won't even let her in to get her or the children's things - they refused to help. She contacted the DVLA some time ago and told them of the background and said she didn't have her v45 and was worried that he would transfer her car to his name. He doesn't drive and the car is hers - she uses it for work - and she is the registered keeper. A long time went by and she didn't receive it so she called them again. Turns out they erroneously sent it to her home address and STBXH transferred the car to his name!
They apologised profusely but said they didn't understand the legal implications. The police were more than useless and treated her as if she was the one in the wrong saying she couldn't report him, as the car was (now) in his name. This can't be right surely? Does anyone know? I wouldn't be surprised if he reported her as having stolen it. I'm sick to the death of this man and all of his shitty actions and the police are more than rubbish.

OP posts:
jevoudrais · 29/11/2022 16:56

I don't think it matters who's name is on the paperwork, it's who paid for it? So if she paid for it I don't see how he can say she stole it.

Sounds like a dreadful situation.

Original poster
VeryWorried1 · 29/11/2022 17:00

So dreadful. We would just like to have 1 week go by without him doing something to upset us.

I'm not sure if when she bought it she used their joint account - but it was from her earnings.

How have I lived this long and not known how useless the police are?

OP posts:
Theunamedcat · 29/11/2022 17:09

Get her number off the last mot document and transfer it back you can do it online

GrumpyPanda · 29/11/2022 17:52

Re accessing the house, go there when ex is out with old proof of address and call a locksmith. She has as much right as him to change the locks - she can simply say she's lost her key.

Quveas · 29/11/2022 18:02

I am very sympathetic about what you are describing, but I cannot see how any of this is the fault of the police. They are not relationship counsellors or divorce court judges. He is still her husband and these are disputes about rights and property that are about the separation and divorce. The police don't know, and can't determine, who owns what and why. This is nowhere like a situation where a total stranger locks you out of the marital home or steals your car. She really needs to talk to her lawyer, not to the police. They can be rubbish at a lot of things, I agree, so I am not defending them, but figuring out disputes about marital property isn't their job.

Aposterhasnoname · 29/11/2022 18:07

Quveas · 29/11/2022 18:02

I am very sympathetic about what you are describing, but I cannot see how any of this is the fault of the police. They are not relationship counsellors or divorce court judges. He is still her husband and these are disputes about rights and property that are about the separation and divorce. The police don't know, and can't determine, who owns what and why. This is nowhere like a situation where a total stranger locks you out of the marital home or steals your car. She really needs to talk to her lawyer, not to the police. They can be rubbish at a lot of things, I agree, so I am not defending them, but figuring out disputes about marital property isn't their job.

This.

Gunner1510 · 29/11/2022 18:22

Unfortunately these are ‘civil disputes’ with which the police have very little or no powers. If his name is also on the tenancy/mortgage then there is nothing that can be done by the police, they cannot throw someone out of their own house.
With regard to cars, the V5 does not prove who owns or purchased the car and again it’s usually civil depending on the circumstances.
She’d be better off speaking to a solicitor about this, one who specialises in family type law, they will be able to give good advice.

prh47bridge · 29/11/2022 21:09

As others have said, all the matters you have posted are civil disputes. The police will not get involved, quite rightly. Your sister needs to see a solicitor.

vivainsomnia · 30/11/2022 12:02

If she bought it from a joint account, how can she claims it is hers? It might be morally but legally, joint means that. It is as much his as hers.

prh47bridge · 30/11/2022 15:44

vivainsomnia · 30/11/2022 12:02

If she bought it from a joint account, how can she claims it is hers? It might be morally but legally, joint means that. It is as much his as hers.

Buying something using money from a joint account doesn't necessarily mean it is jointly owned.

reenon · 30/11/2022 18:59

Can she phone the garage where she bought it from and get them to print off a duplicate invoice showing they sold it to her?

reenon · 30/11/2022 19:01

Also check the car is still taxed, if he's change the keeper on the v5 then then tax may well be cancelled.

Audioslaw · 01/12/2022 22:31

Absolutely nothing in what you have described is a police matter.

Vehicles and the marital home is matrimonial properly. The sooner she can apply for a divorce the better and then settle the division of assets through a financial order.

With regards to access to the house. She could look into applying for an occupation order to move back in. However, this is still a civil matter done through the family court, not criminal.

Original poster
VeryWorried1 · 02/12/2022 11:42

Thank you for your replies. Although no-one seems to have answered my question about whether what he did is illegal. She's spoken to her solicitor and as it's a marital asset it doesn't seem to matter too much if its in his name or hers. DVLA also said they will sort it - not sure exactly how, but they have all records of her original calls etc. I'm sure he's reported her as having stolen it as he has made many malicious false reports against her and the rest of the family, making large accusations (of the kind that are so huge as to be unbelievable). They've all been seemingly ignored by the police as they haven't discussed anything with us (aside from her being dragged into the police station for questioning after using her own loyalty points card to buy things for the children.)

She has filed for divorce although he avoided being served the divorce papers on all three attempts. Not sure if the court will accept that he has had them. She has filed for an occupation order early last year - hearing still not until March. It was a DA case and the police promised several times to help her get in then changed their minds. She can't 'break in' as he's bought a dangerous dog and has filled the house with strangers so it's never empty. It's big things like important documents and things like her kids not understanding why their dad won't let them have their things.

When she called about the car the police said they would help her get in to her house, however, he lied and told them he was abroad. They know it's a lie as the people living in the house told them he would be back later that day. So she's not getting in after all. She's had to buy all new things for her and the children despite having no money because he spent thousands on a credit card that he opened in her name without her consent.

I'm not against the police as people but the law - it just seems these abusers don't stop and everything they do goes unchallenged.

OP posts:
Duchess379 · 02/12/2022 11:58

Quveas · 29/11/2022 18:02

I am very sympathetic about what you are describing, but I cannot see how any of this is the fault of the police. They are not relationship counsellors or divorce court judges. He is still her husband and these are disputes about rights and property that are about the separation and divorce. The police don't know, and can't determine, who owns what and why. This is nowhere like a situation where a total stranger locks you out of the marital home or steals your car. She really needs to talk to her lawyer, not to the police. They can be rubbish at a lot of things, I agree, so I am not defending them, but figuring out disputes about marital property isn't their job.

This!! Stop berating the police! As annoying as it is, they are confined to common law! They can't just force entry to a house & take personal effects on the say so of an estranged partner.

prh47bridge · 02/12/2022 11:59

Although no-one seems to have answered my question about whether what he did is illegal

What he did is not a crime. Changing the locks was illegal, but it is not a criminal offence. The other stuff is harder to say.

prh47bridge · 02/12/2022 12:02

Just to add, police are there to enforce the criminal law, not civil law. As he hasn't committed any criminal offences, they should not get involved. It is not their job to help her get into the house.

HoofWankingSpangleCunt · 02/12/2022 12:07

All the people saying it’s not a police matter?

Surely the police can arrange for her to get her and her children’s things with them in attendance. I underStand he lied about being abroad so on that occasion the police couldn’t do anything. But this woman and her children are victims of domestic abuse and they surely need police support to get her stuff back.

I do agree she needs a solicitor if at all possible. Has she tried Women’s Aid for advice?

beachcitygirl · 02/12/2022 12:17

Ok. She's as entitled as he is. It's nothing to do with police.

First things first. If she has legal I'd with her address (the home they shared) a bill or driving license. She waits until he's out & calls emergency locksmith & changes locks. (She's lost her keys)
Then once in the house she gets v5 and changes car back into her name. She puts all her paperwork v5 docs, insurance, passports etc in a safe place ie your house.

Fuck all
He can do.

FirstnameSuesecondnamePerb · 02/12/2022 12:28

If I have understood correctly.
She contacted the dvla to tell them of her abusive partner and the need to change her address.
They erroneously sent the new V5/request for change form/similar to her old address, giving him the means to do exactly what she was trying to avoid?
If that is the case I would take it straight to her MP (obviously fingers crossed it not Matt Hancock who is too busy in Australia). The quickest way in any governmental organisation is often from an MP or minister.

prh47bridge · 02/12/2022 12:29

HoofWankingSpangleCunt · 02/12/2022 12:07

All the people saying it’s not a police matter?

Surely the police can arrange for her to get her and her children’s things with them in attendance. I underStand he lied about being abroad so on that occasion the police couldn’t do anything. But this woman and her children are victims of domestic abuse and they surely need police support to get her stuff back.

I do agree she needs a solicitor if at all possible. Has she tried Women’s Aid for advice?

No, they can't. They don't have any powers to do that. The most they would do is accompany the OP to ensure there is no breach of the peace. But they will not help her gain entry to the house and, if her STBXH claims ownership of her and her children's things, they will not play judge and decide what is hers and what belongs to her ex.

prh47bridge · 02/12/2022 12:31

beachcitygirl · 02/12/2022 12:17

Ok. She's as entitled as he is. It's nothing to do with police.

First things first. If she has legal I'd with her address (the home they shared) a bill or driving license. She waits until he's out & calls emergency locksmith & changes locks. (She's lost her keys)
Then once in the house she gets v5 and changes car back into her name. She puts all her paperwork v5 docs, insurance, passports etc in a safe place ie your house.

Fuck all
He can do.

OP says the house is never empty, so she can't do that.

beachcitygirl · 02/12/2022 12:58

@prh47bridge aye, but as long as HE isn't in it. It's hers. They are married. Some pal of his or his family, can't stop her. As long as she has id at that house.

prh47bridge · 02/12/2022 13:21

beachcitygirl · 02/12/2022 12:58

@prh47bridge aye, but as long as HE isn't in it. It's hers. They are married. Some pal of his or his family, can't stop her. As long as she has id at that house.

Wrong. It doesn't matter who is in the house, she cannot gain entry while it is occupied. And if the occupants refuse to leave, she can't force them to do so.

beachcitygirl · 02/12/2022 13:45

@prh47bridge what makes you say that?

Everything you have said re police not playing judge & Jury is also true of her. If people (who are not legal tenants ) then she can throw them out. Only her & dh have rights.

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