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Is it theft?

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Onlooker | 16:47 Fri 17th Nov 2006 | Law
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If I lend a car to someone, and they become the registered keeper is it theft if they then sell it without my knowledge?
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No, because in order for them to become the �registered keeper� you would have transferred the car to them using the V5 which requires your signature. It is theirs to sell then.

Now, if they stole the V5 or forged your signature, that's another issue....
This is an issue I could never get my head round. The 'registered keeper' (that is the person named on the registration document), does not have to be the vehicle owner ! Non-drivers can actually be 'registered keepers'!

It seems to me that the 'keeper' issue is nothing to do with it (although the answer above is perfectly correct) - the vehicle was owned by you and sold without your consent - it may not be theft (I'm in Scotland so the law may be different) but it's certainly a crime of some description.
Oh dear, it seems that Antiguru doesn't understand the difference between being the owner of a vehicle and being its 'registered keeper'.

A V5C is not a certificate of ownership. For example many people, who drive company cars, will be named on the V5C as the registered keeper. However, the car remains the property of the employer (or of a leasing company) and the registered keeper is most definitely not permitted to sell it!

If you lend a car to someone, on a long term basis, it makes sense to transfer the registration document to them. This means that they'll be responsible for ensuring that it's taxed. Any speeding tickets will also be sent straight to their address, rather than to yours.

If the person then sells the vehicle, without your permission, they would definitely be breaking the law.

Chris
I stand corrected and bow to your greater knowledge, Chris.
Thank u Buenchico - you put it much better than I did lol
A person commits theft when they "appropriate" something belonging to someone else "dishonestly" with the Intention to "permananetly deprive" the owner of it. The theft occurs at the moment of dishonest appropriaton (that is to say deciding to keep or deal with the item as if it was the thief's). The answer to your question is that the theft occured when your "friend" decided not to return the car to you irrespective of whether they become the registered keeper, or sell it.
I agree with the last answer and a theft has occured. The proof of ownership will be the sales receipt the VT5 Reg doc is not a legal document to prove ownership. It only indicate the reg keeper.

If however the car is on HP the HP company still own the car.
Question Author
Thanks People

Thats much clearer now espec the point about when the theft occured

Onlooker
When a car is registered without the the V5 then the DVLA will write to the current registered owner and ask for them to verify the change to the keeper. I would contact the DVLA and ask their advice.
Onlooker makes a very good point with their question. Shouldn't the V5C require the signature of the Owner (if they are not the Registered /Keeper) to change any details or transfer ownership ? If not why not ? People seem quite happy buying cars from people (me included up until now) who are the Registered Keeper on the V5C but it seems you should ask for proof of ownership, ie a receipt or something. I don't think an HPI check would show any details about ownership as it only refers to registered keepers.

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