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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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I have borrowed my car to a friend who is now refusing to return

Customer Question

I have borrowed my car to a friend who is now refusing to return it however he has now said that he was uninsured and says that if I report him to the police he will tell them I gave him the car knowing he was uninsured which means I could face prosecution. My question is how likely are the police to prosecute me if they haven't caught him driving in it and they can't locate the car?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They could do that I'm afraid. They would have evidence. He would make a statement to that effect and also for what other reason would it be in his possession.
In any event, there is no point in reporting this. It is a civil matter. You need to sue him at the civil courts either seeking an injunction order for it's return or a money sum for the value.
The police would probably tell him to give it back if you are the registered keeper but no more.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
OK well there is actually a little more to this situation. Basically aside from the car I also lent them quite a lot of money and now they are saying that I'm not getting either back and they have stated that in fact they conned me out of them from the start and I've been scammed. They have tried to extort more money from me and then tried to blackmail me (and also threatened me and my family) because I refused to give them more money and have said that if I go to the police they will tell them that I lent them the car knowing they were uninsured which as you have said I can be prosecuted for (they've also said they'll tell the insurance company I had an accident in the car with them in it and then tried to make a false insurance claim which is rubbish).I have messages to prove everything and bank statements showing I put the money in their account but I'm just wondering what the police can actually do and if I do go to them would I just be dropping myself in it for borrowing them the car?
Expert:  Jo C. replied 1 year ago.
I wouldn't waste your time with the police. This is a civil matter. How much does he owe?
Customer: replied 1 year ago.
He owes me over £1,600 plus the cost of the car which was £400. The only thing I'm worried about is if I pursue this through the civil courts will I have to give out my address as due to the threats I don't want them to know my current whereabouts.
Expert:  Jo C. replied 1 year ago.
Well, that is a problem but ifyou don't you will have to write the money off which is not acceptable.Ultimately this is a civil matter. The police cannot recover loaned money for you and the car is dangerous because you would probably be prosecuted for permitting no insurance. A claim at the civil courts for the loaned money and the value of the car would be much more effective.
Customer: replied 1 year ago.
Thank you. I will look into starting court proceedings against them.
Expert:  Jo C. replied 1 year ago.
You're welcome

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