car sold while still on finance with out consent

[fairy dust 49]

Re: car sold while still on finance with out consent

As said the police want company to report car stolen and further more I have email from my son saying he is not bothered what I say about car because it is in my name on the finance papers and also his job is safe even if I do eventualy get some action of the police.

[Sapphire]

Re: car sold while still on finance with out consent

Then you have no other choice you need to find out who the new owner is and let them know that they've bought a car that is still on finance and even more was not your sons to sell.

Now........ hmmmmm..... how do we find out who the new owner is ?

[fairy dust 49]

Re: car sold while still on finance with out consent

Finance company did tell me that they would trace new owner and send then a questionere in relation to the sale of the car i.e did he/she know if the car was on hp and also how did they manage to pay £6000 cash,If they replied they did know car was on finance then company would request car returned if not they would leave the car with new owner.

[bluebottle]

Re: car sold while still on finance with out consent

Okay. First and foremost. This is not a civil matter. The OP's son knew and has admitted selling the car, knowing he had no right to do so, fraudulently obtained a V5C from DVLA which he then used to defraud £6,000 from a third party and has now fraudulently obtained a pecuniary advantage (loan) from VISA. That is a criminal matter and it is the police who deal with such matters, unless another law enforcement agency has superior jurisdiction. Also, if you have knowledge of a crime having been committed, you are under an obligation to report it to the police. The finance company have asked the OP to report it to the police and, even if the finance company report it, OP still has an obligation to assist the police in the investigation of the matter. Failure to do so is an offence, namely, Obstructing Police and Preventing the Lawful Apprehension of An Offender being two that come to mind.

Second point. As OP has said, the police want the finance company to report the car stolen as it is the finance company who are the lawful owners of the car, not the OP. In this respect, the police are correct in what they have told the OP.

Third point. The son's attitude makes me want to say something that is not fit to be posted. "Cocky little sod," is the least offensive remark I can find to describe his attitude. The OP will be asked to provide copies of all paperwork to the police to facilitate investigation, but will need to retain originals for production at any subsequent court hearing.

[fairy dust 49]

Re: car sold while still on finance with out consent

I do know that the car is still being driven as I went on a number plate insurance check web site and it said car was still insured.But does not give any information of the insurance company or the vehicle owner.

[bluebottle]

Re: car sold while still on finance with out consent

Hi Fairy Dust 49,

The Motor Insurers Database (MID) only shows if a vehicle is insured on any given day. The insurance details and vehicle owner/keeper details are subject to the Data Protection Act 1998. The police have access to this information 24/7.

[fairy dust 49]

Re: car sold while still on finance with out consent

Yes Bluebottle that is the same site I went on to check about the insurance ,think I shall have to go have another word with the police and try to get it sorted once and for all ,it is hard as I am reporting my own son but I know deep down I cannot let him away with it .I am paying in the thousands to clear his debts to me and out side companies.

[bluebottle]

Re: car sold while still on finance with out consent

Fairy Dust 49,

Don't try and sort this out on your own unless you know exactly what you're doing and you're totally sure of the legal aspects of the case.

Work with the finance company and VISA and the police who have the resources and legal know-how to deal with this. I know inside your heart is probably breaking, but I think you know yourself you have to go through with it. Time is a great healer and I am sure your son will, in time, come to realise why you did what you did was for his good and because, as any parent, you love him, although, at the moment, that may not be the case.

I hope these words give you the courage to move forward and the strength to face what is ahead.

[lindalou]

Re: car sold while still on finance with out consent

HI

I thought the creditor said they would try and help contact the new owner?

Of course blue bottle is right about the car if it has been stolen, but, and i really hate to say this, that is not what your son will say.
How are the police or anyone else to know who is telling the truth, as i am sure will be confirmed it will be ujp to you to prove the theft.

Please understand that we all know the facts of this, but they have to be impartial.
And if they believe that he sold the car on your request it will be only a civil matter, and it will be up to you to show it was not.

You see i think that your son knows all this stuff, i think the little ******* has worked all this out before he even borrowed the car, what i dont think he would expect is for you to contact the buyer.

It may be that the new buyer bought the car in good faith, in which case he is not going to be happy about finding out it is stollen, (i doubt this as these days you can get a HPI test done on a prospective sale for a couple of quid), or it may be that he knew it was not a legitimate sale, if the latter is true then he has no title to the car.

So really you see there is no reason why you should not contact him either way.

LL

[fairy dust 49]

Re: car sold while still on finance with out consent

yes you are right again he does know what he is doing the list that I have got with his finance companies is unbelieveable ,not only does he owe on my car but there are 2 other companies that he owes in his name on two previous cars he had and owes a substantial amount of money,to which they have addressed his letters to where I live and I have informed them of his new address.So hence I think this is why he does not want to own up to his obligations to me . Also about the log book that was in my name I did give it to him so he could the car insured in scotland and also if he was ever stopped for what ever reason he would have some sort of proof that he was related to me and any checks could be done to proof he had permision to use my car.But the log book I kept in my name or thought it was ,so surely if I can get the proof that he changed the name on it then something could be done to prevent it happening again.

[Sapphire]

Re: car sold while still on finance with out consent

Sounds like your son thinks he is bomb proof when in fact if and when his employers find out the extent of his dealings he will be in a serious amount of trouble, you really need to report him and every one of his activities to your local police and the constabularly were he works and anyone else who will listen, even go as far as getting a solicitor. He is bluffing you and is relying on your parental feelings so that he can get away with this, get the whole lot together (photocopies as I said earlier) and make sure he is in it right up to his sorry scrawny neck.
He deserves evey bit of sh .t that comes his way, anyone who can rip off their parents deserves every thing they get.

[fairy dust 49]

Re: car sold while still on finance with out consent

Oh I have kept his emails stating he owes the money and has also admitted that he sold my car while still on finance but he`s not bothered if i report him for it as the car finance is in my name, so I do have the proof of what he done but he is so sly that he would most prob accuse me of knowing he sold the car ,but saying that how would I know what he did when we live 230 miles apart.

[Sapphire]

Re: car sold while still on finance with out consent

Exactly, slippery sod is playing you, he's banking on you believing all the bull he is coming out with. Time to get mad and even and go for the jugular hun.

[fairy dust 49]

Re: car sold while still on finance with out consent

Bluebottle not sure if you would know ,but would the dvla still have the log book with my name and when it was changed into my sons ,think that would be the only way I can proof that he change the log book frauduently as it would not be my signature.
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Also forgot to ask does Scotland have their own dvla or is it still swansea.

[Sapphire]

Re: car sold while still on finance with out consent

That would probably be something only the police or a solicitor can find out, might be worth phoning the DVLA in the morning though and at least they can tell you what is the right way of getting the information.

I believe Swansea covers the whole of UK, but am having a check.

Here's a link to the DVLA site http://www.direct.gov.uk/en/Motoring/index.htm you might find some answers.