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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Hi My car was seized by police because it was driven by

Resolved Question:

Hi

My car was seized by police because it was driven by my house mate who was not insured on that car. They took my car to police car pound. next i went there with all my document to get my car back. they checked everything and also took fine from my debit card. they were about release my car but at last moment they told me that car is on finance and finance company will collect my car.

Please note that car is on finance(http://www.santanderconsumer.co.uk/). can they do this? what will happen next? please suggest
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think they may not be able to?
Customer: replied 3 years ago.

I don t understand. can finance company do this? or why police not giving me back?

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The difficulty that you have here is that the vehicle was being driven uninsured. The police have powers to seize and crush the vehicle in those circumstances. The reason they are not doing so is that its owned by the finance company. Actually that doesn't mean they cannot still crush it but just that they are exercising their discretion in favour of the innocent owner.

In those circumstances, there is no reason they cannot do this.

The finance company may have rights to repossess in these circumstances. It depends what was in your agreement with them. Probably they will not though because most cars have negative equity. Probably they will just return it to you and charge an admin fee.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

if police wanted to crush vehicle thn why they were ready to give it back to me? if they already debit fine amount from debit card. but after that they refund me and told me that finance company will collect the car.


 


and as far as i know police only crush vehicle if we don t claim it back within 15 days.

Expert:  Jo C. replied 3 years ago.
Probably because they choose to exercise their discretion not to do so.

The police can retain the vehicle for much longer than 15 days because they have to apply to court for an order to crush
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