Reporting Vehicle Stolen When Friend Has Absconded With It

[eve1974]

Hi we have a vehicle registered to us but we have someone (a person we thought was a friend) insured on it as main driver (clearly we are too trusting).

Long story short things have gone very sour and yesterday we asked him to return vehicle. He said he would by 2pm today "latest" - well its not and he is non communicado won't answer text etc

Are we allowed to report it stolen seeing as though its (a) our car (b) even though he is insured to drive it (c) we gave him about 36 hours notice to return it.

[Baldric]

As you own the Vehicle, yes you are.

[fiction-factory]

I don't know the legal position but i doubt very much the police would be interested. Is he insured as the main driver on a full 12 month policy?

[ummmm]

Have you not got spare keys?

[fiction-factory]

Hi ummmm. I took 'absconded with it' to mean it was not nearby or its whereabouts were unknown

[eve1974]

Thanks baldric - yes we own it. Fiction factory - I totally don't want to waste police time (they have enough to do I know) but if he's not at his property, won't reply to texts etc so legally I feel we have little option. Its a long story but he's had so many chances from us etc

[eve1974]

we have keys yes but he is not at his property nor is vehicle

[eve1974]

fiction factory yes we added him as main driver when we said he could use the car (we didn't need it ourselves at that time)

[Mamyalynne]

Phone 101 and explain the situation.

[eve1974]

thanks all - such a sad thing to do to a "friend" but honestly he's been taking the p for months now and we've given chance after chance (not just with car). We are reaching end of our tether. Combined with the stress of waiting for husbands latest bone marrow biopsy it's just not something we want to have to do but....:(

[fiction-factory]

Good luck. Let us know what the police suggest/propose o do.

[New Judge]

There's a considerable difference when a vehicle is taken between "Stolen" and "Taken Without Consent".

The police are unlikely to be interested in an accusation that it was stolen. To prove that they must show that it was taken without your permission and that he intended to permanently deprive you of it.

Taking without Consent ("TWOCing" as it's known in the trade), is a slightly different matter, though still covered by the Theft Act. As far as TWOCing goes "...a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use..."

Your problem is that he had your consent when he took the vehicle but that consent was subsequently withdrawn. I suggest you hang on for a day or two to see how it pans out and when it is clear that he has ignored the agreement you had come to for him to return the vehicle, visit your local police station. Keep any evidence you have that he was asked to return the vehicle and that he acknowledged that request.

[eve1974]

Thank you new judge. It is complicated further by our concern that he might (???) be back on the booze. He was on the sober path but events lately have led us to believe he might have slipped off the wagon. We cant prove this but one of the (many) reasons we want the vehicle back is because if (??) he is driving under the influence our insurance won't cover and ....worse still he may end up killing someone.

[eve1974]

all just feels really horrible tbh - :(. my husb and I are not confrontational sorts and I guess this is why he's taken advantage

[fiction-factory]

If he is named a sthe main driver the intention presumably was that he would use it far more than you. Is it your policy though. Can you take him off the insurance (after giving notice of course - and that isn't possible at the moment, i know)? I've never tried insuring a non-relative as the main driver of my car so i don't know how it would work.

[eve1974]

yes he's insured as main driver as he was using it more than us. I don't want to risk removing him from insurance because if he crashes it when not insured we have no protection

[eve1974]

it is our policy - husb n myself are down as 2nd, 3rd drivers

[fiction-factory]

Yes. Take him off when (if) you get it back- hopefully soon.

[eve1974]

oh we wil (if we get it back!) as plan to sell it anyway. We could do with the cash tbh (husband been fighting a long cancer battle....which he is WINNING now) so finances a bit dire...selling car will be something we do

[eve1974]

but thats another story of course lol .... one which makes us worrying about a car seem petty really but...really he's taken the p for so long (this "friend") and we don't need the stress (Im convinced stress exacerbates cancer but that too is something for a different thread lol)

[Peter Pedant]

sorry about this eve
no favour goes unpunished ....

( I did this 40 y ago and learnt the lesson.... )