Hello,
Okay this is the is scenario. On 7/0/08 I bought my Fireblade (first registered 13/03/07 ) from a private seller (second owner)… he had bought the bike on 03/11/2007
At 6:30 am this morning baliffs arrive at my house saying they have come to repossess the bike a finance is outstanding from the first owner. I call the police who basically gave me the wrong advice and said if I stop them taking it, I would be arrested for a breach of peace. This in fact is wrong and once its not on the road ( it was in my garden) they had no right to take it. To end a long story short the bike has been taken and I now have no bike that I paid £6,000 for.
The baliffs advised me that to recover the money I would need to take civil action against the person who sold me the bike even though he was not the person who has the finance outstanding and he would in turn need to take action against the first owner.
is this correct ?
I have reported the first owner for fraud to the police as it is illegal to sell a bike with finance still owing
the baliff company are considering selling the bike back to me at a knockdown price (kick in the teeth I know) would that invalidate my claim to get the money back from the person who sold me the bike ?
three years and two weeks after it was sold seems like a long time after to to be able to do this ?
can anyone advise a solictor I can speak to …I am absouletely devasted… there is no way I can afford a replacement bike.
appreciate any help
Oliver
ps I did a check when buying but just found out it did not cover finance just accident and stolen bikes
I’m no lawyer but I think that since the bike has changed hands fully it is your possession not the person’s who had the debt.
Therefore they should be taking civil action against him - you should not have to do so…
I would contact a lawyer immediately and possibly consider start proceedings against the bailif company.
I can’t see how something that is now owned by someone else can be repossessed because the original owner has debts. Surely the law should state that a bailif is only entitled to the indebted possessions…
If this is not correct, then these are worrying times.
The point you’ve missed is that the original keeper wasn’t the owner, it belonged to the finance company who supplied the bike to him under a HP agreement. Hence the keeper sold something that didn’t actually belong to him to the second keeper who then sold it on (probably in good faith) to Oli, doesn’t matter how many hands it’s gone through, legally it still belongs to the HP company.
As for the OP, mate I feel sorry for you, but you really need to get some proper legal advice on this - organisations like the RAC/AA/MAG/BMF used to provide legal help lines, not sure if they still do but it’d be worth spending 10 minutes talking to one of them or try Citizens Advice but they often have a long waiting list these days.
I suspect your best option will be to buy the bike from the bailiffs & then claim against the person you bought it off for the extra cost…
The police say they will not investigate the first owner as eithier the finance company or the second buyer need to complain…great
basically I screwed up by letting them take the bike and should have denied entry. The bike could have still gone but I would ahve been in a better position.
My akropivich exhaust was on bike and I want that back but they are procastinating …which I dont see how they can as that s mine and did not come with the bike.
I have to call CAB after 1pm …see what they say.
Right now my only option is to see
what the finance company come back with and maybe buy my own frigging bike back
start civil action against second owner to get my money back
Very sorry to hear this, and I hope you manage to get this sorted out soon.
Not much use to you I know but this serves as a useful reminder to the rest of us, the importance of getting a HPI check on any 2nd hand bike one intends to buy. Even if it’s from a dealer.
Still worth going after him and get yourself registered as a creditor. If you get a judgement against him either you our one of the others he owes money to can push for bankruptcy.
OK you might not get all your money back but you will get some back from the receiver.
sorry tale indeed. but as said if finance is owed on it etc then it belongs to the finance company.
also everyone is blaming the bloke who sold it to you, how do we know if he even knew it was under finance and just got lucky cos they didnt come looking for it when he owned it, maybe the bloke (first owner) sold it to said bloke and was still making the payments but stopped somewhat after.
also did you do a check on it b4 you bought it? if you did and it come up clear then you can claim off the company who done a check on said bike, if not why not?
have you a receipt for the exhaust system? if so you are in a good position to go get it as you can prove that belongs to you, then the bailiffs have a bike with no exhaust to sell to you or other thus getting it even cheaper.
I am not blaming the second owner it is the first owner who did the fraud, but unfortunately for me to get my money I have to take action against the second seller.
I did do a check but apprently it was only for stolen, accident recovered etc not finance…I messed up there did not realise they had different types
The first owner didnt have it for long at all eh?!.. makes you wonder if he get it on HP with the intention of selling it?!.. as getting HP is easier than getting a loan.
