any ideas taking without consent

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Mon 24 Jan 2011 18:18
any ideas taking without consent - tyke1410

Hi, my husband and i have recently seperated. He has been missing for a week although i know he is alive and well as hes been withdrawing money etc.

how ever he is in my car, hes registered on the insurance but as he has ran out of money i am worried that he might do something like fill up the tank and drive of. can i report my car as taken without consent even if he is on the insurance. I dont really want to cause him trouble but i want to cover my own back.

thanks Tyke

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Mon 24 Jan 2011 21:17
any ideas taking without consent - ablandy

surely the only relevant thing to consider is did he take it with your consent or not? I understand you want to cover your back, but do be careful, purjory is rather serious!

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Tue 25 Jan 2011 08:24
any ideas taking without consent - Dwight Van Driver

Presume that you are the Reg Keeper.

If so can only see civil action to get your vehicle back.

You can report as TWOC but I would suggest you would get nowhere as a crime because of this proviso of the Theft Act ealing with TWOC

A person does not commit an offence under this section by anything done in the

belief that he has lawful authority to do it or that he would have the owner’s consent if the

owner knew of his doing it and the circumstances of it.

...awaits Lucy's dictum.

dvd

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Tue 25 Jan 2011 10:01
any ideas taking without consent - LucyBC
It's a really messy case as the chances are under marital law the vehicle is jointly owned by both of you - therefore even if you are the insured and the registered keeper he has rights and you cannot report or expect any action on TWOC.

You could inform the insurer and take it off cover but there isn't really any advantage to you in doing so.

If the money he is moving is from a joint account you need to move it to one which is solely in your name or he could take all of it.

I don't do marital cases myself but I can advise you free of charge as to how to best protect your position: asklucy@honestjohn.co.uk
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Wed 26 Jan 2011 23:58
any ideas taking without consent - Problem_Polo :-/

Hi Tyke,

Just a thought but if you say he has been 'missing'/AWOL for a period of time, have you considered contacting the Police on the basis of 'concern for welfare'? They ought to be able to flag up the car reg and if and when he passes a traffic unit they would presumably make an attempt to pull him over and establish his intentions etc. It also avoids you taking what could be made to look like malicious action, as you can state that you contacted the Police purely out of concern.

As I say, just a thought, but worth thinking about.

Regards, P.P.

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