Fraudulent transfer of V5C

[AceBarka]

So, long and complicated story that's difficult to explain, but due to a family situation, I'm currently living at my sister's address temporarily. Prior to this, her mother in law was staying here, but due to an incident had to leave, which is when I moved in, and it's not an amicable situation. Whilst she lived her, she bought a car. Since moving out, she's decided she no longer wanted the car and just left it sitting outside my sister's house. I passed the logbook onto her and was told the car would be sold.

Then the next thing I know, I'm receiving a new logbook in my name, at my sister's address for a car thats not mine and I want nothing to do with.

I immediately phoned the DVLA and the guy on the phone told me just to send the logbook back to them, and they would remove my name from it. Should have known that would be too easy! The next thing I get an email from the DVLA Sensitive Investigation Team. So I give them all the details again, thinking that would be the end of it.

In the meantime, the car was removed by her son to be kept at his address and I was assured it would be sorted and the car put back in the mother in laws name.

Once again, should have known it wouldnt be that easy! Next thing I've recieved a letter demanding I pay £118 iut of court settlement for keeping an untaxed vehicle. I've contacted the Sensitive Information Team again, and they advised without an Action Fraud reference, they can't do anything. So I sat on the phone to AF, I did get the reference number, but the guy on the phone couldn't seem to understand what my problem actually was and why I didn't just take the car and scrap it. I'm beginning to wish that's just what I'd done, but it states clearly on the V5C that it's not proof of ownership, and I DON'T own the car. Wishing I'd just transferred the car backings her name when I first got the logbook in the post, but I wanted to do things properly and legally.

Had anyone ever heard of anything like this before and have any advice? Am I just going to end up having to pay the fine? The DVLA are a nightmare, its difficult to get a real person to speak to, they don't respond to letters and I'm just starting to get stressed AF about the whole situation. Sorry for the long post, thanks for reading this far.

[PallasAthena]

Why didn't you report it to Action Fraud online as a victim of identity theft rather than mess about on the phone? 'Identity theft' because someone has stolen your ID and used it to avoid having to pay the car tax they are legally obliged to pay and have attempted to make you liable for their subsequent fine. That's fraud by identity theft in my book. Anyway it seems you do now have an AF crime report reference number to send to DVLA.

AF's telephone advice was ridiculous and was recommending you do something illegal. As you rightly say you don't own the car so it isn't yours to scrap. That would in effect be you stealing the car!

Make sure you keep copies of all documents and correspondence and make notes of all phone conversations. You will need these if the case ever goes to court. Did you record the phone conversations? If not then do so in future.

Write to the DVLA Sensitive Casework Team setting out the reasons why you are not the owner or RK of the vehicle now and never have been. Make clear that you aren't even in possession of the vehicle, that it isn't at your address, and you aren't in possession of the V5C for it [I assume you have already returned that to DVLA for cacellation per their original request]. And that you have reported it to the police via AF as Identity Theft. Therefore you are not liable to pay tax on the vehicle. Get proof of posting for your letter.

Sensitive Casework Team
DVLA
Swansea
SA99 1ZZ

When you don't pay the tax DVLA may start prosecution against you in magistrates court. Be prepared to defend it on the basis that you not liable for the tax because you are a victim of identity fraud.

And I'm afraid, yes, the DVLA are a nightmare.

Incidentally, on a different matter, do you have a car of your own? If so have you notified the DVLA that your address as RK is now at your sister's so that they update your own V5C details?

[AceBarka]

Thanks for responding, I did start doing it online but wasn't sure what type of fraud it constituted and asked the chatbot and it just told me to phone. You're right though, AF said it was identity theft.

I've emailed the ST Casework exactly what you've said but they take ages to respond, so thanks for the address, I will send all again it by post also. I phoned the number on the OOC settlement letter, it told me to fill in the form on the back of it with a covering letter so I'm doing that, explaining again why it's not my car but by the time I hear back from that it'll be past the deadline of having to pay the OOC settlement. They manage to send those out quick enough. I've got plenty of evidence of who bought the car and when, emails from the owner trying to get me to pay the insurance, etc so I can fully prove its not mine, I just could do without a court case.

I do have a car but I've left it registered at my home address, my partner is still there. I won't be staying here long enough to change it, get a new one and then change it back

Thanks for your help

[PallasAthena]

I've got plenty of evidence of who bought the car and when, emails from the owner trying to get me to pay the insurance, etc so I can fully prove its not mine,

This is information that you should have told us in your first post.

It seems to me that there's more to this story than you have told us.

[AceBarka]

How so? She bought the car, decided she no longer needed it and instead of just getting rid of it like a normal person, has now decided to drag me into it by putting it in my name and cancelling the tax and insurance when I refused to take over the payment of it. There is of course more to the circumstances surrounding why she's decided to do this, but it's not really relevant to the fact it's not my car, never has been my car and I don't want it to be my car. I've tried to resolve the situation amicably by asking for her to just transfer the logbook back to herself, but she hasn't, so short of doing that myself and being guilty of doing the same as she is, what else am I supposed to do?