Civil vs criminal please help please

[Bwithjj]

Dear friends,


My boyfriend asked me to take a car loan from a bank for him and he will change the loan in to his name after a month. In order to convince me with this, he made the initial payment from his debt card and he insured his brother in the car prior to release the car from the dealer. He broke up with me within the next three weeks and prior to that he had taken all the relevant documents of the car including the logbook. He was sending the monthly instalment to my account for last two months but then he stopped paying it. When I was asking for the car back he said he can't give it back to me and said he will pay the money in future. I said I will call the police to get the car back and he was laughing at me and said police can't do anything for me and this case is civil !!!!


I went to the police and they said its CIVIL and they can't do anything. When I was trying to contact my ex and ask him to give the car back, he said to change the mandate to his name and signed the mandate to change the direct debit. I didn't forward the mandate as I know he wouldn't keep up with the payment and my credit history will be spoiled. As I was insisting him to give the car back he told me the car is sold to someone. I have received a letter from DVLA stating the details of registered keeper was changed to my ex name !!??!!. I been to the police and also called santander but both of them stated they can't do anything cos he could claim that as a gift and it's CIVIL!!!!!!!!


However I wasn't aware that I need to sign the declaration 8 to state that I have sold or transferring my car to this person (my ex). I didn't know that my sign was necessary until this question asked by bank's customer department


I DIDN'T sign the section 8 and neither sent it to DVLA to change the details of registered keeper but yet he managed to do this. As the v5c is in his name even the police or bank can't help me and it's comes under CIVIL !!! I strongly believe that he must have forged my signature or just scribbled something and sent it to DVLA. I have sent a letter to DVLA stating that I didn't sign the v5c and is that possible to send me the copy of logbook that he sent to DVLA just to see if he forged my signature or put some random signature to change the registered keeper details.




Do you think DVLA could send the copy of old log book that he sent to DVLA? What shall I do if he managed to forge my signature exactly or he put a random signature? If that is the case, do you think I could get some help from police to get the car back? Still I am the owner of the car but it wouldn't be mine until I close the loan as the loan from the bank is secured against the car!!! Is it possible for him to sell the car that easily especially as it has an outstanding loan?


Is there anyone out there to give an advise on this issue? I am really worried cos I have been financially exploited in many ways (he owes me another 3000£) by this guy but the car is the biggest worry of mine now. I am paying money for something that I don't own!!


Please please help me, I am dying on this issue and asking me every minute why did I put myself in to the situation and no one understand the actual issue

[Johnboy007]

Re: Civil vs criminal please help please

Hi,
If the car is secured against the loan, then the bank own the car until the loan is paid back.
Your ex partner cannot sell the car because it does not belong to him, or you.
You should double check the loan agreement to make absolutely sure of this.
Once you are sure about this, then report the car as having being stolen, to the police.
Ask them for a CAD number, which will prove that you have reported it as stolen.
But do make sure about the loan agreement first.
Once you have done this, the police must act to recover the car for you.
Also tell the bank as well that the car has been stolen and you have reported it to the police.
Give the bank a copy of the CAD number so they can check for themselves.

DVLA must be informed that you never signed the V5C, and that any signature on it is a forgery.

[des8]

Re: Civil vs criminal please help please

I suspect this will be a front loaded loan agreement, granted for a vehicle but not actually secured against the vehicle.
There have been cases where Santander personal loans have been registered incorrectly with HPI, and when challenged the listing has been lifted.
Interesting to see what OP comes back with.

[Johnboy007]

Re: Civil vs criminal please help please

I suspect this will be a front loaded loan agreement, granted for a vehicle but not actually secured against the vehicle.
There have been cases where Santander personal loans have been registered incorrectly with HPI, and when challenged the listing has been lifted.
Interesting to see what OP comes back with.

I bow (well almost) to you expertise on these matters Des

[des8]

Re: Civil vs criminal please help please

[QUOTE=Johnboy007;466420]I bow (well almost)
Your bones as creaky as mine? lol

[Johnboy007]

Re: Civil vs criminal please help please

My bones don't creak Des....
They bloody groan.

[Bwithjj]

Re: Civil vs criminal please help please

I bow (well almost) to you expertise on these matters Des

But I have the loan agreement in hand which says the car belongs to the bank untill I make the final payment. I am currently possessing the car through them n tgey will have the right to repossess if I don't keep with terms and conditions!

[righty]

Re: Civil vs criminal please help please

Hi,
If the car is secured against the loan, then the bank own the car until the loan is paid back.
Your ex partner cannot sell the car because it does not belong to him, or you.
You should double check the loan agreement to make absolutely sure of this.
Once you are sure about this, then report the car as having being stolen, to the police.
Ask them for a CAD number, which will prove that you have reported it as stolen.
But do make sure about the loan agreement first.
Once you have done this, the police must act to recover the car for you.
Also tell the bank as well that the car has been stolen and you have reported it to the police.
Give the bank a copy of the CAD number so they can check for themselves.

DVLA must be informed that you never signed the V5C, and that any signature on it is a forgery.

Banks seldom secure their loans against the item purchased because most of their loans are "personal loans' & its because of that he was able to sell it without it flashing up on a HPI check. I suggest the OP speaks to a solicitor

[enquirer]

Re: Civil vs criminal please help please

But I have the loan agreement in hand which says the car belongs to the bank untill I make the final payment. I am currently possessing the car through them n they will have the right to repossess if I don't keep with terms and conditions!

This would appear to be an HP agreement.

If that is so, then by taking the car, he has committed theft. As Johnboy007 suggests, advise the police, Santander and the DVLA accordingly. If the car is still insured in his brothers name, it might be fun to drop the insurance company a line too.

[Johnboy007]

Re: Civil vs criminal please help please

But I have the loan agreement in hand which says the car belongs to the bank untill I make the final payment. I am currently possessing the car through them n tgey will have the right to repossess if I don't keep with terms and conditions!

If that's what the loan agreement says, then go to the police and report the car as being stolen.
The police will probably seize the car until the lawful owner is proven.
Notify DVLA as well, say you never signed the V5C and the car has been reported as stolen.
Also notify the bank that it has been reported as stolen.
Make sure you keep up with the payments, so as not to break the loan agreement, and in order to get the car back.

And lastly, I hope you have learned a lesson by this and not get anyone else a loan in your name.:tinysmile_twink_t2:

[bluebottle]

Re: Civil vs criminal please help please

If that's what the loan agreement says, then go to the police and report the car as being stolen.
The police will probably seize the car until the lawful owner is proven.
Notify DVLA as well, say you never signed the V5C and the car has been reported as stolen.
Also notify the bank that it has been reported as stolen.
Make sure you keep up with the payments, so as not to break the loan agreement, and in order to get the car back.

And lastly, I hope you have learned a lesson by this and not get anyone else a loan in your name.:tinysmile_twink_t2:

I would agree with your analysis and advice, JB. It seems the most sensible course of action to follow.

[des8]

Re: Civil vs criminal please help please

concur with advice above.

Have to wonder why Santander said that the OP's ex could claim the vehicle was a gift from OP and therefore a civil matter.
Surely as the vehicle is security OP couldn't pass ownership as it wasn't hers to pass, and Santander should know that.
If OP fails to keep up payments Santander will repossess the car, which will come as a surprise to the current "owner"!
Not that I am suggesting that as a course of action, as it will have other unwanted effects.

[Bwithjj]

Re: Civil vs criminal please help please

Banks seldom secure their loans against the item purchased because most of their loans are "personal loans' & its because of that he was able to sell it without it flashing up on a HPI check. I suggest the OP speaks to a solicitor

Hi,
If the car is secured against the loan, then the bank own the car until the loan is paid back.
Your ex partner cannot sell the car because it does not belong to him, or you.
You should double check the loan agreement to make absolutely sure of this.
Once you are sure about this, then report the car as having being stolen, to the police.
Ask them for a CAD number, which will prove that you have reported it as stolen.
But do make sure about the loan agreement first.
Once you have done this, the police must act to recover the car for you.
Also tell the bank as well that the car has been stolen and you have reported it to the police.
Give the bank a copy of the CAD number so they can check for themselves.

DVLA must be informed that you never signed the V5C, and that any signature on it is a forgery.

Hi Johnboy

I really appreciate your response.

I been to the police asking help to get the car back but they said its civil and it sounds like I have taken a car loan and agreed him to use it which is basically claimed as GIFT. They also said it was a car loan which we have taken when we were in a relationship so it comes under civil. The argument gets strengthened especially he made the initial deposit and first two instalment.


My ex said he sold the car in Africa but I don't believe that he sold the car and even police stated the car is still in the uk. I am not sure if he sold the car to any of his friends and may be they didn't do HPI checking!!!

As I was emotionally and financially exploited by ex, my friend took me to the police and explained everything in detail. The police registered a case under domestic violence but stated they can't do anything as emotional abuse can't be proven easily and all the financial abuses comes under civil !!! The police wasn't taking my statement that 'he changed the v5c in to his name without my signature, !!! They think that I have done all these things for him when I was in love but now I am just reporting all these to take some revenge!!

I reported the the bank and they said they can't do anything cos he was my ex boyfriend and it's a civil matter.

i can't UNDERSTAND how come forging my signature in a legal document and changing the registered keeper details to his name comes under civil!!! I received a letter last month saying that v5c changed to his name. I thought he could do this easily as he had the original v5c. I wasn't aware my signature was needed in declaration 8 to change the registered keeper details until this question was asked by the bank.

I wrote a letter to DVLA stating I didn't sign the v5c and is it possible to send me the copy of v5c which he sent to DVLA, just to check if he forged my signature or he scribbled something else.

I am not really sure if the police gonna help me even if I get a response from DVLA co i told them what happened but they didn't take a notice

I am really worried

[Bwithjj]

Re: Civil vs criminal please help please

I suspect this will be a front loaded loan agreement, granted for a vehicle but not actually secured against the vehicle.
There have been cases where Santander personal loans have been registered incorrectly with HPI, and when challenged the listing has been lifted.
Interesting to see what OP comes back with.

Hi des8

i am trying to upload the photo of my loan agreement but it's not working for some reasons. I am keep trying to upload it please do check and keep in touch once you see the loan agreement.

many thanks

[Bwithjj]

Re: Civil vs criminal please help please

Banks seldom secure their loans against the item purchased because most of their loans are "personal loans' & its because of that he was able to sell it without it flashing up on a HPI check. I suggest the OP speaks to a solicitor

Hi Righty

please read. Y response to Johnboy007 if you aren't busy. I really appreciate your response to my post.


The first line of the contract says 'congratulations upon the purchase of your vehicle. We are delighted that you have chosen santander consumer finance (SCF) to provide your fiancé facility and we can confirm that payment for your vehicle has been forwarded to your deal'

i really don't know what is SCF means however the in the terms and conditions it clearly says 'you will not let anyone take or obtain any rights (including lines) over the goods or let anyone take or threaten to take them to pay any debt that you owe. You will keep the goods in your possession and under your control and will not sell, transfer,mortgage, lend or give the goods to anyone'