Domestic Abuse- vehicle
Discussion
Can anyone who has any experience offer some advice?
Friend has been abused by partner, hospitalised and removed from the home. Police pressing charges against him I believe.
Has to have police present at house when collecting items from the home they shared to prevent violence etc.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance. I know the V5 isn't proof of ownership, but given all the support the police have given, they aren't keen to help get the car back to her. I guess it's a civil matter?
What a would be the best course of action to get this back- currently getting the bus with children while he brags that he's keeping the car.
Ta,
J
Friend has been abused by partner, hospitalised and removed from the home. Police pressing charges against him I believe.
Has to have police present at house when collecting items from the home they shared to prevent violence etc.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance. I know the V5 isn't proof of ownership, but given all the support the police have given, they aren't keen to help get the car back to her. I guess it's a civil matter?
What a would be the best course of action to get this back- currently getting the bus with children while he brags that he's keeping the car.
Ta,
J
I would be surprised if the police entertain TWOC against the registered keeper.
Does she have a set of keys? If so I would take the car back and park it somewhere secure.
Make sure she has the documentation handy to prove she owns the car if the ex reports it as stolen to the police.
Apply for a replacement V5C and argue the case with DVLA if the ex objects.
Only guess work on my part though. Can she access legal advice through whatever support group found her accommodation, I would have thought this type of thing is not uncommon.
Does she have a set of keys? If so I would take the car back and park it somewhere secure.
Make sure she has the documentation handy to prove she owns the car if the ex reports it as stolen to the police.
Apply for a replacement V5C and argue the case with DVLA if the ex objects.
Only guess work on my part though. Can she access legal advice through whatever support group found her accommodation, I would have thought this type of thing is not uncommon.
Thanks for the comments.
I’ve said to go through her case officer of whoever it is, but at the moment she’s very fragile.
I’ve asked her to see if she can get a spare key and V5, but he has form for hiding documents- including passports so hopefully hoping the police can have a kind word with him...
J
I’ve said to go through her case officer of whoever it is, but at the moment she’s very fragile.
I’ve asked her to see if she can get a spare key and V5, but he has form for hiding documents- including passports so hopefully hoping the police can have a kind word with him...
J
PurpleTurtle said:
mmmunch said:
.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
I know this doesn't help, but why would people do this, if not married?However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
What value of car are we talking?
I paid for our daily driver so I own it, but my partner is the main driver so she is the RK, and insures it.
Gareth79 said:
PurpleTurtle said:
mmmunch said:
.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
I know this doesn't help, but why would people do this, if not married?However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
mmmunch said:
Gareth79 said:
PurpleTurtle said:
mmmunch said:
.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
I know this doesn't help, but why would people do this, if not married?However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
On a brighter note, at least she is escaping from the unsafe and unhealthy environment now. Material assets are important but not in comparison to the wellbeing of her and the kids.
J1990 said:
mmmunch said:
Gareth79 said:
PurpleTurtle said:
mmmunch said:
.
However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
I know this doesn't help, but why would people do this, if not married?However, her car, she bought it it, receipt is in her name but the V5 is in his, as is insurance.
On a brighter note, at least she is escaping from the unsafe and unhealthy environment now. Material assets are important but not in comparison to the wellbeing of her and the kids.
With the value and dispute over ownership they will need to go through the courts. While the police will help collect goods from home, they will only do it with stuff where value is low and ownership is clear (e.g. normal clothing)
Proof of purchase, reasonable demonstration of expenses (I.e. who paid for insurance, maintenance, fuel), usage (helps victim if they were also using it at least some of the time) and in this case importantly whether someone was coerced into buying the vehicle (domestic abuse and for this it is balance of probabilities not beyond reasonable doubt and counters arguments that the vehicle was a gift) should all be considered to determine ownership.
You need to make sure that the ownership is disputed is on record (email is probably fine) as that makes it much harder for them to dispose of the car somehow.
Per other comments chances are that someone involved in support groups/emergency accomodation etc will either be able to help or direct to someone who can help far better than most/all on this forum.
Edit specific guidance : https://www.askthe.police.uk/content/Q830.htm#:~:t...
Proof of purchase, reasonable demonstration of expenses (I.e. who paid for insurance, maintenance, fuel), usage (helps victim if they were also using it at least some of the time) and in this case importantly whether someone was coerced into buying the vehicle (domestic abuse and for this it is balance of probabilities not beyond reasonable doubt and counters arguments that the vehicle was a gift) should all be considered to determine ownership.
You need to make sure that the ownership is disputed is on record (email is probably fine) as that makes it much harder for them to dispose of the car somehow.
Per other comments chances are that someone involved in support groups/emergency accomodation etc will either be able to help or direct to someone who can help far better than most/all on this forum.
Edit specific guidance : https://www.askthe.police.uk/content/Q830.htm#:~:t...
Edited by qwerty360 on Thursday 29th April 19:29
qwerty360 said:
With the value and dispute over ownership they will need to go through the courts. While the police will help collect goods from home, they will only do it with stuff where value is low and ownership is clear (e.g. normal clothing)
Proof of purchase, reasonable demonstration of expenses (I.e. who paid for insurance, maintenance, fuel), usage (helps victim if they were also using it at least some of the time) and in this case importantly whether someone was coerced into buying the vehicle (domestic abuse and for this it is balance of probabilities not beyond reasonable doubt and counters arguments that the vehicle was a gift) should all be considered to determine ownership.
You need to make sure that the ownership is disputed is on record (email is probably fine) as that makes it much harder for them to dispose of the car somehow.
Per other comments chances are that someone involved in support groups/emergency accomodation etc will either be able to help or direct to someone who can help far better than most/all on this forum.
Edit specific guidance : https://www.askthe.police.uk/content/Q830.htm#:~:t...
Noted. Thank you.Proof of purchase, reasonable demonstration of expenses (I.e. who paid for insurance, maintenance, fuel), usage (helps victim if they were also using it at least some of the time) and in this case importantly whether someone was coerced into buying the vehicle (domestic abuse and for this it is balance of probabilities not beyond reasonable doubt and counters arguments that the vehicle was a gift) should all be considered to determine ownership.
You need to make sure that the ownership is disputed is on record (email is probably fine) as that makes it much harder for them to dispose of the car somehow.
Per other comments chances are that someone involved in support groups/emergency accomodation etc will either be able to help or direct to someone who can help far better than most/all on this forum.
Edit specific guidance : https://www.askthe.police.uk/content/Q830.htm#:~:t...
Edited by qwerty360 on Thursday 29th April 19:29
It looks like perhaps she would be able to get a replacement V5C by filling out a V62 form and posting it to the DVLA (£25 fee). This avoids any contact with the ex.
https://www.gov.uk/government/publications/applica...
She would presumably choose the "I cannot produce it for another reason" option, briefly explaining the circumstances, on the section which asks "Why you don't have a V5C?".
Given how slow the DVLA are likely to be at the moment, it would be worth doing this ASAP.
EDIT: She'll need the VIN number of the car.
https://www.gov.uk/government/publications/applica...
She would presumably choose the "I cannot produce it for another reason" option, briefly explaining the circumstances, on the section which asks "Why you don't have a V5C?".
Given how slow the DVLA are likely to be at the moment, it would be worth doing this ASAP.
EDIT: She'll need the VIN number of the car.
Durzel said:
It looks like perhaps she would be able to get a replacement V5C by filling out a V62 form and posting it to the DVLA (£25 fee). This avoids any contact with the ex.
https://www.gov.uk/government/publications/applica...
She would presumably choose the "I cannot produce it for another reason" option, briefly explaining the circumstances, on the section which asks "Why you don't have a V5C?".
Given how slow the DVLA are likely to be at the moment, it would be worth doing this ASAP.
EDIT: She'll need the VIN number of the car.
I suspect the DVLA will still be obligated to write to the present holder before they would do the transfer.https://www.gov.uk/government/publications/applica...
She would presumably choose the "I cannot produce it for another reason" option, briefly explaining the circumstances, on the section which asks "Why you don't have a V5C?".
Given how slow the DVLA are likely to be at the moment, it would be worth doing this ASAP.
EDIT: She'll need the VIN number of the car.
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