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phat tony
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Joined: 09 May 2010
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PostPosted: 23:06 - 09 May 2010    Post subject: stolen or not Reply with quote

hi just dropped off my son at uni and had a realy bad talk with him where he informed me his mum (my ex) has sold my triumph boneville 750 that i have kept in the shed for 12 - 18 years Crying or Very sad (my project) to a so called friend who is now half way to re-building it ... he has re-registered it in his name ... i still have the original logbook and keys and was wondering about the legal status of the purchase and do i have any legal claim over it .. re-built or not ... he said he purchased it for £500 and has spent £1500 so far not incl. engine re-build .... do i wait till he finishes it then inform dvla and the police to get it back or do i pay him for it and work done ... or do i feed him and her to the fishes ... i left it there for years nowing as long as my kids lived there it would be safe as a future project ... just borrowed the money to get it done this week and thats why i was told .... lost a kawazaki ninja 600 8 years ago outside house to gypos who stole it ... told by police ... forget it lol nothing sacred any more Exclamation
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Itchy
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PostPosted: 23:08 - 09 May 2010    Post subject: Reply with quote

The person who sold it did not have the right to hand over title therefore it is still yours.

Quote:
Because a thief does not have a title in stolen goods, a person who purchases from the thief does not acquire title.


There is a get out clause in this if the seller misrepresented and the buyer bought it in good faith and had no reason to suspect it was stolen and I think had taken reasonable precaution to ensure it was not stolen.


There are some bizzare things in this law, i.e. I can steal your bike grind off the vin/engine numbers and claim to have bought it in good faith. On other forums exactly this has happened, if I find my XT600 and this has happened they get to keep it...

Oddly enough I've seen my XT riding around nearby I am always tempted to ram the bugger and go over him.
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Last edited by Itchy on 23:22 - 09 May 2010; edited 2 times in total
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G
The Voice of Reason



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PostPosted: 23:13 - 09 May 2010    Post subject: Re: stolen or not Reply with quote

As far as the DVLA goes, the registered keeper is the person that has the bike - even if that person has just knowingly stolen it when they broke in to your garage and bear you up with a stick.
However of course in that situation the police should have a good idea who to go after.

Note that title and registered keeper are different.

In this situation I think it's going to get very muddy and you're going to be getting your ex in to some bother. If you're going to do anything, i expect you'd have to do it as soon as possible.
If someone waited until I had done a load of work then tried to take the bike back off me without recompense - I'd probably take everything I had replaced off it and give back the husk.

Seems like your beef is with your ex - offering money to the current keeper seems to be an 'honourable' solution.
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Keir
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PostPosted: 23:23 - 09 May 2010    Post subject: Reply with quote

Your ex has stolen it plain and simple.
The guy that bought it has either 1) been had over by your ex or 2) willingly bought it with a disregard for whoever the registered keeper was.
Personally i would report it to the police and have her nicked for theft - its your bike and you want it back, i know i would! Yes its unlucky on the guy that bought it but thats his problem for buying a bike from someone thats not the legal owner nor named on the log book.
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Wilson1234
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Joined: 20 Mar 2010
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PostPosted: 00:02 - 10 May 2010    Post subject: Reply with quote

Smash her fucking kneecaps with a baseball bat the stupid bitch
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P.addy
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PostPosted: 00:04 - 10 May 2010    Post subject: Reply with quote

Wilson1234 wrote:
Smash her fucking kneecaps with a baseball bat the stupid bitch

Can tell you rode a ped Laughing Laughing

Im sure you are fully within your right to go round and ask for it back...and state its technically theft and you will inform old bill..
Then call them that day, say hes being unreasonable, fobbing you off.
Its yours, unless you have the cash from the "unwanted" sale...
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Wilson1234
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PostPosted: 00:40 - 10 May 2010    Post subject: Reply with quote

##Paddy## wrote:
Wilson1234 wrote:
Smash her fucking kneecaps with a baseball bat the stupid bitch

Can tell you rode a ped Laughing Laughing

Im sure you are fully within your right to go round and ask for it back...and state its technically theft and you will inform old bill..
Then call them that day, say hes being unreasonable, fobbing you off.
Its yours, unless you have the cash from the "unwanted" sale...


Since when did peds have any correlation with being violent Confused the majority of peds I see are 16 year olds and old people
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P.addy
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PostPosted: 00:48 - 10 May 2010    Post subject: Reply with quote

Wilson1234 wrote:
Since when did peds have any correlation with being violent Confused the majority of peds I see are 16 year olds and old people


When... lol when peds became a link with the chav scum.
Mouthy "hard bastards"... threatening to batter ones kneecaps doesnt do anyone any good.
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ian789
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PostPosted: 01:04 - 10 May 2010    Post subject: Reply with quote

If you tell the police your ex will get into big trouble. Theft and possibly fraud.

If push came to shove you would be still have a claim to the title of the bike.

How much do you think it was worth? You should ask your ex to pay you this and forget about it.
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Itchy
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PostPosted: 01:05 - 10 May 2010    Post subject: Reply with quote

ian789 wrote:
If you tell the police your ex will get into big trouble. Theft and possibly fraud.

If push came to shove you would be still have a claim to the title of the bike.

How much do you think it was worth? You should ask your ex to pay you this and forget about it.


depends just how spiteful you are doesn't it?
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ian789
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PostPosted: 01:08 - 10 May 2010    Post subject: Reply with quote

Itchy wrote:
ian789 wrote:
If you tell the police your ex will get into big trouble. Theft and possibly fraud.

If push came to shove you would be still have a claim to the title of the bike.

How much do you think it was worth? You should ask your ex to pay you this and forget about it.


depends just how spiteful you are doesn't it?


I'd stay away from the legal route when kids are involved, not worth it IMO
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Ariel Badger
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PostPosted: 07:39 - 10 May 2010    Post subject: Re: stolen or not Reply with quote

phat tony wrote:
hi just dropped off my son at uni and had a realy bad talk with him where he informed me his mum (my ex) has sold my triumph boneville 750 that i have kept in the shed for 12 - 18 years Crying or Very sad (my project) to a so called friend who is now half way to re-building it ...


From the bikes point of view...
It has been in a shed for 18 years rotting away and now it is being rebuilt. 18 years is far to long and would have turned into 25 with no work being done, as it is the thing will be back on the road ASAP with an owner that actually want to own it rather than just store it.
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Moonie
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PostPosted: 08:31 - 10 May 2010    Post subject: Re: stolen or not Reply with quote

Ariel Badger wrote:
18 years is far to long and would have turned into 25



The OP says that he only found out it was missing after borrowing the money to sort it.
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iooi
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PostPosted: 09:15 - 10 May 2010    Post subject: Re: stolen or not Reply with quote

phat tony wrote:
hi just dropped off my son at uni and had a realy bad talk with him where he informed me his mum (my ex) has sold my triumph boneville 750 that i have kept in the shed for 12 - 18 years Crying or Very sad


So why have you left it there so long.... Rolling Eyes

I would guess at that she has got sick of it rotting away and taking up space and got rid of it. Have you ever been to look at it in the 12 - 18 years......
Who has been paying the mortgage or rent. If it has been her, then after such a long period, it could be that she could claim ownership by default.

Bet police tell you that they are not interested. Due to the time it has been left there.

It was you to YOU to look after it and after such a long period, Bit like if no one claims items you find and leave with the police, after 28 days they become your property.....
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chris-red
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PostPosted: 09:24 - 10 May 2010    Post subject: Reply with quote

If she owns the house she could argue the storage charges for those years are more than the value of the bike.


TBF if you left something in my garage for 12-18 years I would have shifted it too.
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DrDonnyBrago
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PostPosted: 09:31 - 10 May 2010    Post subject: Re: stolen or not Reply with quote

iooi wrote:

It was you to YOU to look after it and after such a long period, Bit like if no one claims items you find and leave with the police, after 28 days they become your property.....


If they did that then it would be fair game as the DVLA would attempt to contact the previous owner and let them know someone was attempting to re-register their vehicle.


It boils down to how much do you like/dislike your ex.
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Kris
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PostPosted: 10:05 - 10 May 2010    Post subject: Re: stolen or not Reply with quote

iooi wrote:

It was you to YOU to look after it and after such a long period, Bit like if no one claims items you find and leave with the police, after 28 days they become your property.....


By the same token it is only fair to inform the owner of said property that you intend to get rid in XX days time unless collected.

By not informing you I believe she has opened herself up to legal action, I'd have a chat to a legal bod. Bit out of order not notifying you IMO.
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Walloper
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PostPosted: 13:18 - 10 May 2010    Post subject: Reply with quote

It is has to be listed in a 'Declaration Matrimonial Property'

https://www.gov.ns.ca/legislature/legc/statutes/matrimon.htm

or it is fair game and will be fought for in court. May not be worth the cost of soliciters so the Ex. has won.

Baseball Ball option would now be top of my list.

Why not take her car and sell it?

Pay for an Ad on gumtree and or autotrader that you are selling the bike cheap. She will be plagued by twats at all hours of the day asking about the bike.
It is not breaking the law if you try to sell your OWN bike is it???
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multijoy
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PostPosted: 13:47 - 10 May 2010    Post subject: Reply with quote

Walloper wrote:
It is has to be listed in a 'Declaration Matrimonial Property'

https://www.gov.ns.ca/legislature/legc/statutes/matrimon.htm



It's interesting, but I fail to see what relevance Canadian legislation has to the matter. Besides, we don't know if the OP was married, etc.

The course is clear:

a) Speak with the ex (mention theft, etc), ask for the funds (if the selling price is a fair price for the bike and lack of hassle) or

b) Report it to the police.

It's hardly a grey area- a has sold something of b's that she didn't own.
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ttr
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PostPosted: 14:40 - 10 May 2010    Post subject: Reply with quote

I reckon the police wont do anything about it. I'd probably speak to her, and ask for the £500 she sold it for, and the balance between that and its real value (unless that is fair).

Actually that's a lie, I'd definitely try and land her in as much shit as I could, but you mentioned kids so treading carefully is probably wise.
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Welshd1k
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PostPosted: 15:11 - 10 May 2010    Post subject: Reply with quote

ttr wrote:
I reckon the police wont do anything about it. I'd probably speak to her, and ask for the £500 she sold it for, and the balance between that and its real value (unless that is fair). .


yeah and then she will ask you for £10 a week storage for the vehicle for the last x amount of years....
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ttr
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PostPosted: 15:18 - 10 May 2010    Post subject: Reply with quote

Which in itself is pretty fair to be honest. I'd be amazed if the Police didn't side with her.
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Itchy
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PostPosted: 15:56 - 10 May 2010    Post subject: Reply with quote

ns125rk90 wrote:


yeah and then she will ask you for £10 a week storage for the vehicle for the last x amount of years....


Past consideration you can't negotiate on past events, same thing stops me from mowing your lawn while you are out and demanding £1000.
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Walloper
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PostPosted: 16:38 - 10 May 2010    Post subject: Reply with quote

multijoy wrote:
Walloper wrote:
It is has to be listed in a 'Declaration Matrimonial Property'

https://www.gov.ns.ca/legislature/legc/statutes/matrimon.htm



It's interesting, but I fail to see what relevance Canadian legislation has to the matter. Besides, we don't know if the OP was married, etc.

The course is clear:

a) Speak with the ex (mention theft, etc), ask for the funds (if the selling price is a fair price for the bike and lack of hassle) or

b) Report it to the police.

It's hardly a grey area- a has sold something of b's that she didn't own.


It is an intensely Grey Area that is why lawyers make money from it.
Canadian Law was my 1st google ya twit. Laughing

But it was as a guideline only. If one wanted to get the low-down then best the advice is to contact the local police office or a lawyer. But I can assure you the police will NOT do fuck all to help you except log the details.
If it was insured then you may have a claim and the insurer would ask for a police report.
Since it was part of 'shared' property you would have to agree or go to court to decide who the property belongs to. And that is why the police back away from this shit.

One of the pitfalls of dissolving one's co-habitation with an TFA (total fucking arsehole) (Male or Female).
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