Civil vs criminal please help please

[Johnboy007]

Re: Civil vs criminal please help please

Well if you signed the agreement, it is immaterial who paid what.
You are responsible for paying for the car.
He has to go to a civil court if he wants the car.
You have to go to the police if he has taken it without your permission.
You must report it as stolen, and accept no fobbing off from the police officers.

[Bwithjj]

Re: Civil vs criminal please help please

As it is a Conditional Sale Agreement the goods belong to SFC until final payment is made.
Bwithjj, as you had no authority to lend to your ex, and as he was aware of the agreement, his actions in removing it from your care, custody and control, with no intention of returning the vehicle to you amount to theft, i.e. a criminal offence.
As such you must, as others have already advised, insist on the police treating it as such.
Although it is also a civil matter (conversion), this does not preclude it being criminal, and you should resist police and SFC pressure to classify it only as a civil matter.

Hello Des

It was really funny what santander customer service told me "if you have ex's number call and tell him to change the v5c back to your name"
monthly payment is what SFC really concerned about. They stated they can't help me by any means!! They also said If I have done something against the loan agreement then they need the full money to settle the contract :tinysmile_cry_t:

[Guest]

Re: Civil vs criminal please help please

HI
yes it is a conditional sale agreement covered by the CCA 974 in exactly the same way as a HP agreement (currently)

It is correct that the vehicle is the property of the creditor up until the last payment. I suspect that the police are correct in that your boyfriend did not take the car away without your consent.

Personally I would send a letter before action to him claiming the full value of the agreement, or the return of the car within 14 days and threatening action in the small claims court if he does not comply. I would copy the letter to the HP company so that they see where you are up to.

You could contact national debtline who will help you draft your letter or perhaps someone on here will help.

The fact that your boyfriend made a payment to the company is neither here nor there you are the legal keeper of the vehicle.

[bluebottle]

Re: Civil vs criminal please help please

JB is correct in that it matters not who pays the instalments, it is your name and signature on the agreement and the agreement is between you and SFC. What JB and Des8 advise is sound and should be pursued. What andy58 says in the first and last sentences in his most recent post is also correct.

Is there any reason why your ex-partner and his relative have not sought finance in their own names?

[Guest]

Re: Civil vs criminal please help please

JB is correct in that it matters not who pays the instalments, it is your name and signature on the agreement and the agreement is between you and SFC. What JB and Des8 advise is sound and should be pursued. What andy58 says in the first and last sentences in his most recent post is also correct.

Is there any reason why your ex-partner and his relative have not sought finance in their own names?

I think you will find that what Andy says in the sentences in between is also correct, having seen similar situations many times before.

This is unfortunately a civil matter and demands a civil solution, the small claims court is the place to start, you never know the letter before action itself may produce the required result.

[Bwithjj]

Re: Civil vs criminal please help please

JB is correct in that it matters not who pays the instalments, it is your name and signature on the agreement and the agreement is between you and SFC. What JB and Des8 advise is sound and should be pursued. What andy58 says in the first and last sentences in his most recent post is also correct.

Is there any reason why your ex-partner and his relative have not sought finance in their own names?

the only thing I knew he told me he hasn't got a good credit score and he is unlikely to get the loan sanctioned. He told me he just gonna use my name to get the loan sanctioned and once you get the loan, I can will transfer it to his name in one month time. Honestly, like most of the women, who is actually bother to go through the whole terms and conditions before buying something. But this is what happened.

well..I am paying for my silliness

[Bwithjj]

Re: Civil vs criminal please help please

HI
yes it is a conditional sale agreement covered by the CCA 974 in exactly the same way as a HP agreement (currently)

It is correct that the vehicle is the property of the creditor up until the last payment. I suspect that the police are correct in that your boyfriend did not take the car away without your consent.

Personally I would send a letter before action to him claiming the full value of the agreement, or the return of the car within 14 days and threatening action in the small claims court if he does not comply. I would copy the letter to the HP company so that they see where you are up to.

You could contact national debtline who will help you draft your letter or perhaps someone on here will help.

The fact that your boyfriend made a payment to the company is neither here nor there you are the legal keeper of the vehicle.

Hi Andy58

i know that is what I said earlier I won't blame police for saying that. Yes he was using the car with my consent and hasn't had any problem with it. But when I asked the car back, when the payment was due, he said he can't give it. First he said he crashed the car, then he said he sold it, after few days I received the letter from DVLA stating the registered keeper details have been changed. As far as I know the car is in his name, but he is not insured on it as something went wrong with his licence (under suspension) ??? Not really sure

How come police could say he done all these with my consent, yet my only consent was allowing him to use the car!!!!

[Bwithjj]

Re: Civil vs criminal please help please

I think you will find that what Andy says in the sentences in between is also correct, having seen similar situations many times before.

This is unfortunately a civil matter and demands a civil solution, the small claims court is the place to start, you never know the letter before action itself may produce the required result.

My Friend told me the same thing but I just can't get my head around the issue 'how come forging my signature in a legal document , v5c, and changing or transferring the car to his name comes under civil'. Would the police say the same thing if he managed to forge my signature in my bank check and withdraw some money from my account?! Accessing my personal details and belongings weren't denied to him when he was in relationship with me. He even used my credit card to pay his fees without my permission. The police said it also comes under civil cos why didn't I inform the bank or come to the police. Would you go to the police if your girlfriend or boyfriend used your credit card? My case even worse cos he was really aggressive and verbally abusive when I asked the money back once.

My ex is such a crook and he knew what he was doing anyway. I was being fooled by him in every aspect, abused financially and emotionally .

the police just think that I let him all these things when we were in a relationship and now I blaming for everything for nothing. I am a liar in front of others.

[bluebottle]

Re: Civil vs criminal please help please

I think you will find that what Andy says in the sentences in between is also correct, having seen similar situations many times before.

This is unfortunately a civil matter and demands a civil solution, the small claims court is the place to start, you never know the letter before action itself may produce the required result.

Let's find out why the OP's ex-partner and his relative seemingly don't want to put their names to a finance agreement before any conclusions are reached. There is something about this ex-partner and their relative that isn't sitting right for some reason.

[bluebottle]

Re: Civil vs criminal please help please

Hi Andy58

i know that is what I said earlier I won't blame police for saying that. Yes he was using the car with my consent and hasn't had any problem with it. But when I asked the car back, when the payment was due, he said he can't give it. First he said he crashed the car, then he said he sold it, after few days I received the letter from DVLA stating the registered keeper details have been changed. As far as I know the car is in his name, but he is not insured on it as something went wrong with his licence (under suspension) ??? Not really sure

How come police could say he done all these with my consent, yet my only consent was allowing him to use the car!!!!

As soon as consent was withdrawn, your ex-partner knew the car had to be returned back into your custody. Up to that point, it is a civil matter. However, it is important that we know of any reason why your ex-partner and his relative are not applying for finance in their own names.

[bluebottle]

Re: Civil vs criminal please help please

the only thing I knew he told me he hasn't got a good credit score and he is unlikely to get the loan sanctioned. He told me he just gonna use my name to get the loan sanctioned and once you get the loan, I can will transfer it to his name in one month time. Honestly, like most of the women, who is actually bother to go through the whole terms and conditions before buying something. But this is what happened.

well..I am paying for my silliness

Thank you. It is quite likely your ex-partner has committed fraud.

[Johnboy007]

Re: Civil vs criminal please help please

BB, if he got a loan via his then partner Bwithjj, knowing that his credit history was crap, and that he had no chance of getting a loan in his name. Also knowing that he couldn't pay the money back to her. Would this not be classed as an offence against Bwithjj?
You said 'There is something about this ex-partner and their relative that isn't sitting right for some reason'.
I agree mate, it stinks.
In my eyes, having sold the car, he has in fact stolen it. If it had been my car, I would have insisted that the police log it as stolen.
I do not agree that this is now a civil matter, as the boyfriend has overstepped the mark, by selling the car, keeping the money and refusing to pay Bwithjj back for the loan.
Hope you're keeping well BB.....
Regards JB

[Guest]

Re: Civil vs criminal please help please

My Friend told me the same thing but I just can't get my head around the issue 'how come forging my signature in a legal document , v5c, and changing or transferring the car to his name comes under civil'. Would the police say the same thing if he managed to forge my signature in my bank check and withdraw some money from my account?! Accessing my personal details and belongings weren't denied to him when he was in relationship with me. He even used my credit card to pay his fees without my permission. The police said it also comes under civil cos why didn't I inform the bank or come to the police. Would you go to the police if your girlfriend or boyfriend used your credit card? My case even worse cos he was really aggressive and verbally abusive when I asked the money back once.

My ex is such a crook and he knew what he was doing anyway. I was being fooled by him in every aspect, abused financially and emotionally .

the police just think that I let him all these things when we were in a relationship and now I blaming for everything for nothing. I am a liar in front of others.

Yes unfortunately the issue was the consent to drive the car away, The police cannot act on this . However as said there is still a civil remedy, you can take action as described, if he does not pay up you can set the bailiffs on him, it is a bit more long winded but hopefully it will eventually get the required result.

[bluebottle]

Re: Civil vs criminal please help please

Consent to use the car, Andy, but not to keep or sell it. Where a person who has borrowed something assumes rights of ownership they do not have and then treats whatever they have borrowed as their own, it is at that point it ceases to be a civil matter and becomes a criminal matter, especially if the lawful owner would not have consented to whatever they had loaned being retained or sold without their consent.

The way in which the loan was obtained is also in question.

[Johnboy007]

Re: Civil vs criminal please help please

Yes unfortunately the issue was the consent to drive the car away, The police cannot act on this . However as said there is still a civil remedy, you can take action as described, if he does not pay up you can set the bailiffs on him, it is a bit more long winded but hopefully it will eventually get the required result.

Hi Andy,
I agree that the consent is one of the issues.
But it was consent to take the car to use for himself.
It was not consent to take the car and sell it.
He knew that the car belonged to the bank, and that it wasn't his to sell and keep the money. That in my eyes makes it a clear case of theft.
Regards JB