VIC Car was transferred out of my name without my signiture or permission.

[JonnoWill]

A car that I owned and was registered in my name was transferred out of my name without my knowledge or permission by my ex partner. I placed a transfer dispute on the car through vic roads and requested through freedom of information specific details of the transfer so I could see how it was done but I was unable to obtain the information. Both vic roads and freedom of information were unable to give me any details on how this was done or how this actually was allowed to happen. Can I please have someone shed some light on how this could have happened or what I would do to try and follow this up?
Thank you

 

[Rod]

What stage is the transfer dispute at?

If your ex produced a sales receipt/contract in their name that would be sufficient.

Whose name was on the car purchase?

 

[JonnoWill]

What stage is the transfer dispute at?

If your ex produced a sales receipt/contract in their name that would be sufficient.

Whose name was on the car purchase?

She wouldn't have had any of those things. The sales receipt and contract were all in my name.

 

[JonnoWill]

She wouldn't have had any of those things. The sales receipt and contract were all in my name.

 

[JonnoWill]

She wouldn't have had any of those things. The sales receipt and contract were all in my name.

What stage is the transfer dispute at?

If your ex produced a sales receipt/contract in their name that would be sufficient.

Whose name was on the car purchase?

Sorry I misunderstood, I sent in a freedom of information request to get the info and Vic Roads still refuse to show me the documentation. This person has also placed an FVIO on me at this time. If my ex had produced any ownership papers they would have had my name all over them. In the end she would have forged my signature on a stat dec to initiate the transfer.

 

[Rod]

Vic Roads still refuse to show me the documentation

What reason was given for the refusal?

Without knowing more of your marital/relationship background it is hard to give more guidance.

Your options seem to be:

1. persist with VicRoads, or
2. go to court/VCAT seeking reversal of transfer, or
3. go to the police to report a fraud and recovery, or
4. do nothing.

Using self-help to recover the vehicle with a FVIO will likely see you charged with breaching the FVIO.

The police will likely not be helpful and say it is a civil matter/family law dispute.

 

[JonnoWill]

There was no reason given for the refusal to hand over documents my father has told me to make sure the dispute on the transfer is still open so she can't sell the car and I haven't done that yet. I was in a relationship for 5 years and had 2 kids my ex Defacto left me 7 months before I loaned her the car so we weren't even together when she did the transfer. Would those four options still be applicable? She is claiming that the car was gifted to her by me which isn't the case hence why I lodged a dispute with Vic ROADS upon her refusal to return my vehicle and then finding out that she had fraudulently transferred it into her name.

 

[Rod]

Yes, make sure the dispute is still open with VicRoads.

Send ViCRoads a second, well prepared, letter with copies of your evidence and a copy of the first notification to them. Outline when you loaned the car, and when you expected it back.

The 4 options I outlined are available to you. Once the FVIO expires you have a 5th option - self-help. You can take the car back if you have evidence you purchased the car. But it must be done carefully and without violence. A spare key helps greatly, else towing or car mechanic with lock changing capabilities.

 

[JonnoWill]

Yes, make sure the dispute is still open with VicRoads.

Send ViCRoads a second, well prepared, letter with copies of your evidence and a copy of the first notification to them. Outline when you loaned the car, and when you expected it back.

The 4 options I outlined are available to you. Once the FVIO expires you have a 5th option - self-help. You can take the car back if you have evidence you purchased the car. But it must be done carefully and without violence. A spare key helps greatly, else towing or car mechanic with lock changing capabilities.

I'll make sure the dispute is still open tomorrow and I'll send all the information I have regarding ownership. I will also make a complaint to the ombudsmen as well. I'll follow up here and let you know how I went. Thanks a lot for your assistance in this matter.