Help!!!!!!

[barrab1992]

My brother bought a bike a few months ago,he's now selling it because he's had a car bought for him......Basically he's sold it and the person that bought it has phoned him and said he's hpi'd it and its came back saying its been in a CAT C when the previous owner had it (before my brother).......We bought and sold it in good faith a didnt no about the CAT C........But now this bloke is saying we've broke the law in selling it to him without declaring it and is going to get the law involved.

Just want to know where we stand.

WE DID NOT KNOW ABOUT THE CAT C.

Someone help!!! lol

[Pete.]

You haven't broken the law and the cops will tell him to bugger off. There's nothing you need to do if your concience is clear.

Tell the new owner to do one - he should have HPI'd it before buying - that's what HPI is for.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[barrab1992]

Top man............cheers pete!!!!!!!!

[Adamski91]

Just a case of buyer beware gone wrong, like Pete said he should've HPI'd the bike before he bought it if he was that worried. It's his own fault and I'm pretty sure there's nothing he can do to you or your brother.
Just trying to get more money out of you I imagine.
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Honda CG125 -> Suzuki GSF Bandit 600 S

[SnowTigeress]

[kerr]

you have no legal obligation to tell a buyer about it, its up to them to find out for themselves.
fairly certain he knows this, tell him to fuck off.
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aprilia 125 Af1 Futura >> Suzuki gsxr 600 srad >> J1 zx6r >> cbr 600rr >> Speed Triple

[Teflon-Mike]

A 'Cat-C' is recorded by the DVLA against the registration if deemed 'uneconomical to repair' by an insurance company... WHO ALSO bother to inform them, via thier superduper database.

The Cat Scheme, has four catagories of 'write off', ie beyond ecconomical repair;

"A" I understand is 'dangerouse' may NEVER be returned to teh road, SCRAP.... and its flagged on the database against the VIN number, so that shoule any-one try and get an MOT against that number, or obtain a new registration, it will NOT be issued.

"B" Again AIU; is 'Structurally Impared; vehicle has been damaged, and is unsafe to be used; but COULD be repaired to a safe condition, though not economically viable to do so... VIN Number flagged on Data-base, IF you fix it up, you have to provide it to VOSA for structural & ident inspection as if it was an individuial import or self build vehicle..... before log book, MOT or tax disc could be issued.

"C" AIU; is 'Damaged - Not FIT to be Driven". Could have struyctural damage, and or lots of cosmetic damage, but a broken tail light, COULD be enough to get a bike deemed Cat-C, rather than Cat D, becouse technically, would be illegal to use with defective tail light.

"D" AIU: is 'Excessive Cosmetic Damage"; so bike that may be perfectly rideable; and legally so, has so many scratches and dents, it's not worth the insurere paying to fix it; imagine a fifteen year old CBR600, worth say £800, fairings skuffed up, tank dented, and a mirror broken.... legal to ride, nothing structural or legal damages, BUT new tank, panels and paint, more than value of bike.

NOW, for bikes, a Cat D or Cat C is 'Cleared' on the DVLA database merely by bike being submitted for MOT and passing..... soon as its passed MOT, its deemed 'safe', and they dont CARE whether you have simply street-fightered the bike, or for some sentimental reason, spent more than an iunsurance co deem the bike worth to restore to original condition.

HPI check, gets full history, from the DVLA database. If the bike has at some point been Cat'd it will show up..... means little... it is NOT on the log book, it's no different to if some-one has painted the bike a different colour at some point, change will be recorded on the database.

HE BOUGHT a bike, in a private sale, sold AS SEEN.

Old rule, Caveot Emptor, 'Buyer Beware'.

Unless you said something like, "Never been Crashed or Written Off" in describing the bike...... he has NO COME BACK....

And even if you DID say something daft like that; sold without any 'providence' to back it up, no COURT would deem it "unreasonable" for you to suggest in your defence that the Qualification 'to the best of my knowledge' was infered, if not implicit.

HOWEVER, "Get the LAW on ya!"

Yeah! Old bill will be REALLY interested; they do NOT have some great con-artist operating a ringing business; its a one off grumble from a buyer of ONE bike in a private sale..... they will tell him, politely that there is NOTHING they can do, NOT a criminal offence, its a CIVIL one... and point him to trading standards....

Who will tell him in no uncertain terms, that unless you are a trader or dealer or motor-vehicles, they ent interested, and remind him of 'Caveot Emptor" on a private sale...... and direct him, to the small claims court IF he feels he has 'reasonable' grounds to persue the matter......

WHERE, if he is THAT keen, he has to present his case... and unless it says something EXPLICITLY in a published advert, or he has it in WRITING from you; its basically His Word against Yours, and you can EACH say what the heck you like, really, and people Do lie... but bottom line is what a court would deem 'reasonable'...

And they will ask,0
- What was the price of the bike, when you sold/bough it?
- Did sale price include any 'extras' eg helmet, jacket, tax, accessories, delivery, or warranty?
- What EXACTLY was paid for, in an itemised list.....

Then extracting the BIKE and the bike alone from any other inclusions in transaction.....

- What was, at time of sale the guide price for a bike of that condition, in a private sale?
- What would be the 'usual' discount on a motorcycle of that condition, returned to road after a Cat-C write off recording?

THAT would pretty much deturmin if the case was even worth hearing, becouse on MOST bikes having a cleared Cat-C on the record makes bugger all difference to sale price!

ONLY if there was any significant discount on it having been Cat-C'd, would they go any further.... becouse if there's no difference in value, he STILL paid a fair price and you didn't rip him off.

But, if they looked at discount, and there was some reasonable discrepancy, they would then compare the actual SALE price to the two values, and unless you charged the bloke over the odds against guide price.... which is where they would want to know all the ins and outs of what was 'included' in the sale, becouse if it was sold over guilde, but you delivered it to his door, and chucked in a helmet, gloves, L-Plates locks and maybe so,me luggage, they would have to make 'adjustment' on what teh BIKE on its own was worth in the sale.....

THEN, if you had not charged him more than discounted pricve.... case dismissed, you ent ripped him off.....

If you HAVE charged him more than discouned for Cat-C... THEN is it 'significant'.....

Then LASTLY was there any 'intent to decieve'.....

ONLY if you actively sought to decieve the bloke and rip him off, is there really a case to answer... other wise, its simply did the bloke get a fair deal or not...... and even if HE didn't...... he's a grown up, and its HIS job to spend his money wisely or not.... and as he COULD have HPI'd teh bike BEFORE he bought it, WHY didn't he, and use THAT as a bargaining chip to negotiate sale, RATHER than buying bike, THEN HPI checking it, and trying to use a legal system to do HIS haggling.......

Caveot Emptor.....

The court would NOT be sympathetic; unless HE could PROVE intent to decieve.

Tell him, it was Sold As Seen, and in good faith, but as far as you are concerned, a deal is a deal. He COULD have had it HPId before sale, he didn't, that was his choice... if he would like to take his case to trading standards, or to the Small Claims court, THAT is his perogative, but if he attempts to hassle or intimidate you, verbally or in writing, over the matter any further, that is 'harassement' and you will consider taking THAT matter to YOUR solicitor, with a view to applying for injunctions against him....... (or, in translation from 'legalese' - "Fuck-Off and Leave Me Alone!")
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My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?'

[swampy]

I think what Mike is saying, is there is nothing the buyer can do
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"I hate to advocate drugs, alcohol, violence or insanity to anyone, but they've always worked for me." Hunter S Thompson
"Faster, faster, faster, until the thrill of speed overcomes the fear of death..." Hunter S Thompson

[Alex_B]

HPI'd after he bought the bike, he sounds awesome
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My Lane Position is always AWESOME!!

[Hockeystorm65]

[Rogerborg]

The buyer's looking for a pay off. Ask him if he wants to engage a solicitor, or if you should just bill him directly for the time you're spending dealing with his nonsense.
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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