Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


My bike was stolen and 10 months later it turns up in a shop

Reply to topic
Bike Chat Forums Index -> General Bike Chat Goto page Previous  1, 2, 3, 4, 5, 6, 7  Next
View previous topic : View next topic  
Author Message

thepuma
World Chat Champion



Joined: 16 Jul 2012
Karma :

PostPosted: 13:07 - 14 Jan 2013    Post subject: Reply with quote

I can see both sides of this argument.

A few years ago i bought a Guitar on ebay..was a £1200 Les Paul which id always wanted and had saved a while for.

A few months later i received a letter from the Police to say the guitar had been stolen by the seller from the shop he worked at. They did say that i wouldnt be held to account and that the goods were mine as id paid for them genuinely.

Now, imagine if the shop had tracked me down and decided to come to my house demanding their guitar back that i had paid for with my hard earned cash? should i lose £1200 as it wasnt my fault? should the shop?.....i dunno, its a difficult one.

In this instance I just dont think its as easy as people saying "just go to the garage and take it back"......great in theory but maybe not in practice.

Although granted in this instance, a simple search by the garage (which they should do every time) would have flagged it up as stolen...so the garage could and should have protected itself.
____________________
YBR125 (SOLD) - CBR250R(SOLD) - CBR650F(SOLD) Current - Street Triple
765 RS


Last edited by thepuma on 13:11 - 14 Jan 2013; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 13:09 - 14 Jan 2013    Post subject: Reply with quote

ginny wrote:
[Legal babble]

Give over, you daft tart. That excuse washes for Cash Converters, but if you buy a bike off some scrote with no V5 and (I'm going to assume) no keys and obvious theft / crash damage and then don't bother doing an HPI - oh, and you're a dealer, who damn well should know better - you're stretching the bounds of reasonable doubt to breaking point.

Just because Plod and the CPS don't want to touch it doesn't mean that everyone involved knows that they were buying a stolen bike. Not caring is not the same as not guilty.

I'm pretty certain that a dealer that dodgy is going to have the bike locked up, scream "trespass!" or just set the dogs on you if you show up though. Scope it out, be prepared to call in Plod or mount a sit-in protest. Best of luck.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

jimbopea
Nova Slayer



Joined: 02 Mar 2012
Karma :

PostPosted: 13:13 - 14 Jan 2013    Post subject: Reply with quote

Book a test ride, ride it home, profit????
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

G
The Voice of Reason



Joined: 02 Feb 2002
Karma :

PostPosted: 13:14 - 14 Jan 2013    Post subject: Reply with quote

thepuma wrote:
should i lose £1200 as it wasnt my fault? should the shop?.....i dunno, its a difficult one.

Yes.
Imagine it happened the other way around with the guitar (as it has here, of course.)
Your £1200 guitar gets stolen and turns up in a shop.
Would you consider that the shop should be able to keep it because it "wasn't their fault" and that they had put some new strings on it?

Of course, it's even easier for a bike shop to find out if a motorbike is stolen.
 Back to top
View user's profile Send private message You must be logged in to rate posts

_Troy_
World Chat Champion



Joined: 11 Feb 2011
Karma :

PostPosted: 13:18 - 14 Jan 2013    Post subject: Reply with quote

sulphur wrote:
Being in the trade, I'd assume they'd know better than to take a bike "on good faith".

Fuck em I say, go get your bike!


Something dodgy is going on for sure. My local dealer HPI checks every bike on the way in and out of their possession, providing you with copies both times so all is clear.
____________________
Current bike: ZX6R J1
Previous bikes: CLR 125 | GS500 | ZX6R G2 | SV650
 Back to top
View user's profile Send private message You must be logged in to rate posts

thepuma
World Chat Champion



Joined: 16 Jul 2012
Karma :

PostPosted: 13:25 - 14 Jan 2013    Post subject: Reply with quote

G wrote:
thepuma wrote:
should i lose £1200 as it wasnt my fault? should the shop?.....i dunno, its a difficult one.

Yes.
Imagine it happened the other way around with the guitar (as it has here, of course.)
Your £1200 guitar gets stolen and turns up in a shop.
Would you consider that the shop should be able to keep it because it "wasn't their fault" and that they had put some new strings on it?

Of course, it's even easier for a bike shop to find out if a motorbike is stolen.


The shop claim on their insurance....should they also get the guitar back as well as the insurance pay out while I lose £1200?

The Police told me categorically that they wouldnt (couldn't? ) take the goods off me. This may be different for vehicles I dont know.
____________________
YBR125 (SOLD) - CBR250R(SOLD) - CBR650F(SOLD) Current - Street Triple
765 RS
 Back to top
View user's profile Send private message You must be logged in to rate posts

G
The Voice of Reason



Joined: 02 Feb 2002
Karma :

PostPosted: 13:27 - 14 Jan 2013    Post subject: Reply with quote

Quote:
The Police told me categorically that they wouldnt (couldn't? ) take the goods off me. This may be different for vehicles I dont know.

The police recently told someone a 250cc bike was the biggest you could ride on a 33hp licence.
The police often don't know the law.

If the shop made a claim on their insurance then the guitar belongs to the insurance company - as the insurance company has paid for the guitar too.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Andy_Pagin
World Chat Champion



Joined: 08 Nov 2010
Karma :

PostPosted: 13:33 - 14 Jan 2013    Post subject: Reply with quote

According to Citizens Advice it isn't 100% clear cut...

Who owns the goods?

If you buy stolen goods, the general rule is that you are not the legal owner. In other words, you do not have good title. This applies even if you paid a fair price and didn’t know that the goods were stolen. The person who originally owned them is still the legal owner.

The only exception to this rule is where goods are insured, such as cars. In this case, the goods would become the property of the insurance company after the real owner's claim had been paid.
What should you do if you’ve bought stolen goods?


If you know who is the rightful owner of the goods

You should inform them that you have their goods and let them take them away. If you don’t give them back, the owner can apply for a court order to make you return the goods.

If you have spent money on improving or repairing the stolen goods, you may be able to claim compensation for the value of these improvements or repairs. However, this only applies if the owner is taking court action to get their goods back. If you hand the goods back willingly, you lose the right to claim this compensation.
____________________
They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

G
The Voice of Reason



Joined: 02 Feb 2002
Karma :

PostPosted: 13:41 - 14 Jan 2013    Post subject: Reply with quote

Andy_Pagin wrote:

If you have spent money on improving or repairing the stolen goods, you may be able to claim compensation for the value of these improvements or repairs. However, this only applies if the owner is taking court action to get their goods back. If you hand the goods back willingly, you lose the right to claim this compensation.

Ah; an interesting point.
I wonder exactly how this works?
"But the engine was on it's way out and I serviced it with disappearing-gold-grease worth eleventy million pounds!"
 Back to top
View user's profile Send private message You must be logged in to rate posts

goto10
World Chat Champion



Joined: 16 Oct 2011
Karma :

PostPosted: 13:52 - 14 Jan 2013    Post subject: Reply with quote

G wrote:
Andy_Pagin wrote:

If you have spent money on improving or repairing the stolen goods, you may be able to claim compensation for the value of these improvements or repairs. However, this only applies if the owner is taking court action to get their goods back. If you hand the goods back willingly, you lose the right to claim this compensation.

Ah; an interesting point.
I wonder exactly how this works?
"But the engine was on it's way out and I serviced it with disappearing-gold-grease worth eleventy million pounds!"


If the costs involved making good ignition barrels/repairing wiring looms etc then it'd be even more interesting. (i.e. damage caused when the bike was stolen)
____________________
'12 NC700S & '12 CB600F Hornet [Stolen by some dickless twat] Suzuki GT500 shed
 Back to top
View user's profile Send private message You must be logged in to rate posts

Andy_Pagin
World Chat Champion



Joined: 08 Nov 2010
Karma :

PostPosted: 14:06 - 14 Jan 2013    Post subject: Reply with quote

I suspect a judge would rule that a professional dealer should have been aware that he was buying something dodgy, and should have sorted the paperwork before working on the bike, and thus can forget any compo.
____________________
They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

supZ
World Chat Champion



Joined: 03 Feb 2009
Karma :

PostPosted: 14:08 - 14 Jan 2013    Post subject: Reply with quote

Andy_Pagin wrote:
I suspect a judge would rule that a professional dealer should have been aware that he was buying something dodgy, and should have sorted the paperwork before working on the bike, and thus can forget any compo.

this 100%
____________________
CBR954RR - Daily toy
CBR600RR - Trackbike
 Back to top
View user's profile Send private message You must be logged in to rate posts

parkmoy
Scooby Slapper



Joined: 09 Jun 2011
Karma :

PostPosted: 14:11 - 14 Jan 2013    Post subject: Reply with quote

thepuma wrote:
I can see both sides of this argument.

A few years ago i bought a Guitar on ebay..was a £1200 Les Paul which id always wanted and had saved a while for.

A few months later i received a letter from the Police to say the guitar had been stolen by the seller from the shop he worked at. They did say that i wouldnt be held to account and that the goods were mine as id paid for them genuinely.

Now, imagine if the shop had tracked me down and decided to come to my house demanding their guitar back that i had paid for with my hard earned cash? should i lose £1200 as it wasnt my fault? should the shop?.....i dunno, its a difficult one.

In this instance I just dont think its as easy as people saying "just go to the garage and take it back"......great in theory but maybe not in practice.

Although granted in this instance, a simple search by the garage (which they should do every time) would have flagged it up as stolen...so the garage could and should have protected itself.


If you bought stolen goods in 'market overt' you were entitled to keep them (up to 1995 when the law was abolished). I don't know, but possibly ebay was considered 'market overt' up to then.

Ownership is a civil matter so rightly the Police don't want to get involved in a matter they are not trained in, so leaving it to the civil law to sort out. Don't listen to the BCF cowboys, get legal advice. They won't be standing beside you in court if you break the law.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Bomberman
World Chat Champion



Joined: 17 Aug 2004
Karma :

PostPosted: 14:19 - 14 Jan 2013    Post subject: Reply with quote

parkmoy wrote:
If you buy stolen goods in 'market overt' you are entitled to keep them. I don't know, but possibly ebay is considered 'market overt'.

Ah lol, ninja edited Very Happy

I'm with the many - go get your bike back! Any grief and I can't see how you couldn't utterly screw them in the courts.
____________________
'Allo! My name is Inigo Montoya, you killed my father, prepare to die!
'89 TZR 125 - '94 GPZ500s - ZK3 GSXR600 Alstare Very Happy
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

thepuma
World Chat Champion



Joined: 16 Jul 2012
Karma :

PostPosted: 14:32 - 14 Jan 2013    Post subject: Reply with quote

Amazingly the question that hasnt been asked yet is...Who did they buy the bike off?

Surely a bike dealer wouldnt pay cash for a bike without seeing the documents? Id be stunned if they did....

I too think theres more to this.
____________________
YBR125 (SOLD) - CBR250R(SOLD) - CBR650F(SOLD) Current - Street Triple
765 RS
 Back to top
View user's profile Send private message You must be logged in to rate posts

P.
Red Rocket



Joined: 14 Feb 2008
Karma :

PostPosted: 14:33 - 14 Jan 2013    Post subject: Reply with quote

OP, updates.

Please tell me you went in there, walked out with your bike, teabagged the guy that took it in and stole his pens.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

gorillaonabik...
Nearly there...



Joined: 31 Jul 2011
Karma :

PostPosted: 14:36 - 14 Jan 2013    Post subject: Reply with quote

Hypothetically, if what you are saying is correct, then you should indeed by entitled to the return of your goods, subject to legal advice.

However, I would add the words of one of my law lecturers at Uni, a serving magistrate. He always said that while turning up is good, turning up with the forward pack of the local rugby team is even better.
____________________
FZR400 (blown engine), ZXR750 (blown engine), ZX6R (accident), CBR600 which had engine issues after which I learned to change gear..., CBR900, CBR924 (stolen), CB600, CB1300 (everything blew up), BMW K1300GT (written off, hit from rear while stationary), Bandit 1250 for a couple of months, Triumph Sprint ST 1050 (nicked) and somewhere in there, I wrote off a Ducati 748 at Cadwell.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Suntan Sid
World Chat Champion



Joined: 07 May 2009
Karma :

PostPosted: 14:45 - 14 Jan 2013    Post subject: Reply with quote

Although it wouldn't be good news for the OP, with the ensuing storage charges that Plod may ask for.
I still don't understand why Plod haven't seized the bike, they know it's stolen, they know where it is.
There is no "civil matter" get out clause for them, so why aren't they doing what they normally do and relocating the stolen bike to the police pound?
____________________
"Everybody needs money, that's why they call it money!" Cool
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 14:46 - 14 Jan 2013    Post subject: Reply with quote

parkmoy wrote:
Ownership is a civil matter so rightly the Police don't want to get involved

Granted. They've got their detection box ticked, they're out.

parkmoy wrote:
Don't listen to the BCF cowboys, get legal advice. They won't be standing beside you in court if you break the law.

"Civil matter". Razz

I'd agree that you should go in legally, or go in mob handed. Just turning up and saying "Giz my bike back, mister" to a fence is likely to result in you falling down the inspection pit.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

P.
Red Rocket



Joined: 14 Feb 2008
Karma :

PostPosted: 14:54 - 14 Jan 2013    Post subject: Reply with quote

Suntan Sid wrote:
I still don't understand why Plod haven't seized the bike, they know it's stolen, they know where it is.


Sainsbury have offers on doughnuts currently. Thumbs Up
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Benno
World Chat Champion



Joined: 06 May 2012
Karma :

PostPosted: 14:54 - 14 Jan 2013    Post subject: Reply with quote

Dealership buys bike that has busted ignition, no keys, no documentation, and has been ragged. They fail to perform HPI or any other registration check on it. They fail to check MOT/tax history.

They then try to register it, do it up, and sell it. What utter retards. They were either hilariously stupid to the point that we should make a reality show about them, or they were bastards trying to make a nice buck off stolen property.

Sounds like capitalism to me. Rape the third world, sell the products for profit.

Fortunately we're not the third world, so walk the fuck in there with a gopro on and take back what is yours. If you want, I'll even turn up in a suit and say some big words, or even better bring along a platoon of lads in uniform Thumbs Up
____________________
I'm autistic. That means I'm smarter than you.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Suntan Sid
World Chat Champion



Joined: 07 May 2009
Karma :

PostPosted: 14:56 - 14 Jan 2013    Post subject: Reply with quote

##Paddy## wrote:
Sainsbury have offers on doughnuts currently. Thumbs Up


Explains a lot! Mr. Green
____________________
"Everybody needs money, that's why they call it money!" Cool
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

darthbuttchin
Scooby Slapper



Joined: 12 Jul 2011
Karma :

PostPosted: 14:58 - 14 Jan 2013    Post subject: Reply with quote

Quote:
Sainsbury have offers on doughnuts currently. Thumbs Up


Don't toy with me man, this true?
____________________
CG125-K1 (1978) - 35 years old and (mostly) going strong! (Restored and rebuilt by my own fair hands).
Call me Tomsk - I am the Flying Womble after all.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Supermoto_Fan
World Chat Champion



Joined: 10 Jun 2012
Karma :

PostPosted: 15:17 - 14 Jan 2013    Post subject: Reply with quote

OP will surely deliver?
____________________
Yamaha MT-09 - Triple powerrrr
 Back to top
View user's profile Send private message You must be logged in to rate posts

natefz6
Brolly Dolly



Joined: 06 Apr 2005
Karma :

PostPosted: 15:49 - 14 Jan 2013    Post subject: Reply with quote

parkmoy wrote:
but possibly ebay was considered 'market overt' up to then.


Ebay was founded in 1995, would not surprise me if that's what made them change the law.
____________________
"no I didn't steal it that's just the way I ride"
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts
Old Thread Alert!

The last post was made 11 years, 105 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> General Bike Chat All times are GMT + 1 Hour
Goto page Previous  1, 2, 3, 4, 5, 6, 7  Next
Page 4 of 7

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.13 Sec - Server Load: 0.72 - MySQL Queries: 16 - Page Size: 142.75 Kb