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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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Under scottish law is it legal to take away a motor vehicle

Resolved Question:

Under scottish law is it legal to take away a motor vehicle without:
(1) Consent of the owner - (note the vehicle has not been taken by the authorities or sheriffs for non payments etc).
(2) the car as sold apparently with a sales invoice that appears bogus - in all respects
(3) the money for the car that the taker got for it £14,000.00 according to the bogus sales receipt was not paid in to my account.
(4) Police investigated the address on the sales invoice - and found no such company at the address given - note the sales invoice was furnished by a lawyer
(5) The statutory law states that the vehicle registration document must be signed by the registered keeper of the vehicle - that is me - i did not sign it.
(6) the person who sold the vehicle and profited from its sale is known to me.
(7) The vehicle was SORN'd and was not insured.
(8) This is setting a dangerous president for car theifs throughout the UK.
(9) Police investigated and said it had been traded on through 2 internet traders - this did not match with the initial sales receipt - which was bogus - i believe to register the vehicle in someone elses name.
(10) what actions can i take in Scottish law to follow this up - i have looked at a replacement vehicle at the same level of specification, options fitted and additional accessories now it costs £71,000.00
(11) What actions can the police take - they did apparently end up placing a notice of police interest on the vehicle.
(12) what should i do next?
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

Are you saying your wife sold a car that was registered to you without your consent? Or are you saying that your wife purported to sell the car or did so and whichever she did she produced a fake invoice for the purposes of the divorce.

Customer: replied 9 months ago.
Her Solicitor provided my Solicitor with a fake sales receipt for my registered vehicle.
I told her very specifically - she would be breaking the law - at no time did i give her permission to sell my car.
Also her brother in Law was observed tampering with the vehicle before it was removed from my house driveway.
My ex wife had a vehicle of her own, my daughter had a vehicle of her own
Yes she produced the invoice furnished via her solicitor to my solicitor.
Yes the money for the vehicle which was sold at £10,000 under the market value for it.
Yes the police checked out the address on the invoice and found no car dealer registered at the purported sales receipt address, the URL also goes to a company registered in England, not the address on the letter head, the letter head does not have an official land line telephone number but is a mobile number, the sales receipt is not completed in any shape or form - deletions are not made where appropriate and the receipt is not signed by the seller - my wife and not by the receiving bogus company representative. All of this evidence was furnished to the Police at the time to investigate.I did not sign the vehicle registration form, my wife was not on the purchaser or vehicle keeper - i am for records.So absolutely yes - she sold the vehicle without my consent - the vehicle is also shown as mine on the division of marital property spreadsheet that we agreed to. In fact i warned her 6 months before she did so that if she did - she would be breaking the law, and i would report her if she did to the Police. Her words were and i quote "I dont give a F****". So i gave her fair warning not to touch my vehicle.Note i have been working overseas and have been doing so for the past almost 8 years and indeed was overseas in Europe - when my vehicle was taken from my driveway without my consent. She breached my marital trust in safe guarding my personal possessions in my house - by doing this.
So yes on all counts.I reported my missing motor vehicle immediately to the Police and started their enquries on the day that i received the so called sales receipt from my lawyer.
Expert:  JGM replied 9 months ago.

From a criminal law point of view this is theft and can be reported as such. I surmise that the police will want to be lazy as always and treat this as a civil matter. However, your were the registered keeper and the owner of the vehicle so this is technically theft. The Scots law definition of theft is the intention to permanently deprive an owner of his property. From a civil law/ matrimonial point of view your solicitor should be raising this as an issue and ensuring that you are fully credited for the true value of the vehicle and not the purported sale price. If the purported invoice is fraudulent then again this raises both civil and criminal connotations. Your solicitor should be taking this on board as should the police. I hope that helps. Please leave a positive rating so that I am credited for my time.

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