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Bike sold illegally on finance

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tafflington
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PostPosted: 21:38 - 21 Dec 2015    Post subject: Bike sold illegally on finance Reply with quote

Hey everyone,

First time posting, I was just looking for some advice.

I recently bought a pre-registered motorbike from a Honda dealership in Bradford. I bought it around 3 months ago but the dealership registered it May. He told me they often register one of the bikes purchased when buying a large number of them for one reason or another.

Either way, it was still brand new and I got it £200 cheaper. I paid for it in full, without finance.

I'm leaving the country soon and won't be back for atleast a year. So I've decided it makes more sense to sell it.

I had a buyer for it today who did a finance check on it while I was there and it's come back showing as being on finance.
The registration date adds up and it seems pretty clear that the dealership just owes payment on it.

I'm curious, have they broken the law by selling the bike with outstanding finance, and does this void the purchase?
Could I technically ask them to refund me and take the bike back?

It is registered in my name and I do have the log book.

I've only done 67 miles and haven't caused any damage to it.

On the other hand, I presume they will be at the very least, obligated to pay off the finance?

Any help would be appreciated.

Thanks
Alex
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CaNsA
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PostPosted: 21:41 - 21 Dec 2015    Post subject: Reply with quote

Pass the popcorn
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iooi
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PostPosted: 21:46 - 21 Dec 2015    Post subject: Reply with quote

Ring the dealer and ask if its on finance....

Other option could be its a error. Was it the correct reg plate entered?

Try a hpi check yourself.

As a aside. £200 off was not enough for a pre-reg bike.

Who is the dealer?
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tafflington
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PostPosted: 21:49 - 21 Dec 2015    Post subject: Reply with quote

Hi, and thanks.

The buyer was actually a neighbor so I had a look at the check and it all seemed correct. He gave it all the right info.

The dealer was Padgetts Honda in Bradford.

It was my first bike so I guess I didn't know how much pre-red was worth :-/



Edit:
I'm going to ring them tomorrow, I just wanted to know where I stand I guess. I would expect the man who sold me it doesn't know, surely their legally obliged to tell me or put it in the contract of sale?
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tafflington
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PostPosted: 21:57 - 21 Dec 2015    Post subject: Reply with quote

Oops, sorry that's the one! Batley...
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P.addy
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PostPosted: 22:01 - 21 Dec 2015    Post subject: Reply with quote

3 months. 67 miles. Why did you buy a new bike to do such little miles Shocked you'd lost a fair bit rolling it away. I'd like to see how this plays out.
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iooi
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PostPosted: 22:03 - 21 Dec 2015    Post subject: Re: Bike sold illegally on finance Reply with quote

tafflington wrote:
have they broken the law by selling the bike with outstanding finance, and does this void the purchase?
Thanks
Alex


Not illegal to sell it with finance outstanding. So I would guess at no it will not void the sale.

Not good business practice to do this though. Best guess is someone has either forgotten to pay the bill, or the finance co has not updated something.
Padgetts are not exactly short of cash, given the amount they spend on racing each year....
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tafflington
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PostPosted: 22:10 - 21 Dec 2015    Post subject: Reply with quote

That's fair enough, Aslong as they fix it sooner rather than later! Smile

I bought it not long before the bad weather arrived and didn't appreciate how bad the garden would be in all this rain! So I just planned waiting for the good weather to come back Smile

Plans to leave the country only arose 3 weeks ago, so yea I lost a bit of cash. Not too much though, Padgetts have lots of CBF125s they appear to want rid of, so it went from 2,699 to 2,450 and after the pre-registration it went to 2,250. Standard price was 2,450 but they advertise as used because Honda won't let them sell new bikes for the wrong price.

I only plan to lose 400-450 on the sale.
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.Bishbash.
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PostPosted: 22:24 - 21 Dec 2015    Post subject: Re: Bike sold illegally on finance Reply with quote

iooi wrote:


Not illegal to sell it with finance outstanding. So I would guess at no it will not void the sale.


Wait, what? Not illegal? I have been told all my life you can't sell on a bike with finance on it as the bank(or lender) would own the bike until it's paid off.


And here's a quote, I know it's about cars, but surely it stands the same;

It is illegal to knowingly sell someone a car that has outstanding finance without informing them of the situation. Before you can legally sell the car, you must: Inform the finance company and ask them for the “settlement figure” they will need from you to pay off your loan in full.

Source

Google search

EDIT: OP you need to be very careful how you play this as you could be the one to lose out here.
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tafflington
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PostPosted: 22:49 - 21 Dec 2015    Post subject: Reply with quote

Yea I was concerned with the risk... I'll probably avoid trying to void the sale incase they play me at my own game!
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ScottT
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PostPosted: 23:00 - 21 Dec 2015    Post subject: Reply with quote

In the meantime keep it well locked up, if it gets stolen your insurance will pay out any outstanding finance first.
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P.addy
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PostPosted: 06:21 - 22 Dec 2015    Post subject: Reply with quote

Ok so it's a CBF. I hope it covered up and not left to get rained on. All that flux yo.

FWIW my nephew bought a mint one. Only a few months old for 1300. They drop fast.
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Rogerborg
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PostPosted: 08:52 - 22 Dec 2015    Post subject: Reply with quote

Wait a second. Why would a main Honda dealer use finance to buy a Honda, from Honda? Anyone in the business able to shed light on that?

I wonder if they registered a couple of bikes, arranged finance for another buyer and put your registration number on their paperwork. Presumably someone's being making payments on it. Thinking

Either way, what a monumental cock up. I'd get the paperwork together and get down there. Cheery face at first, mistakes happen, it'll come out in the wash and all that, but I'd want at least a surreptitious audio recording of the conversation in case it goes sour.

Hopefully not, but what if the finance company tells them to do one about changing the details? To see you right, the dealer would have to pay off the finance on "your" bike, which would effectively give the owner of its evil twin a free bike.

At the first hint of fobbing off, get your local Trading Standards involved.

Best of luck.
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Irezumi aka Reuben
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PostPosted: 08:59 - 22 Dec 2015    Post subject: Reply with quote

Instead of getting advice off a well meaning bunch of forum users contact trading standards immediately. They should give you the correct information and the best way to proceed.
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STONEY!
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PostPosted: 09:09 - 22 Dec 2015    Post subject: Reply with quote

I've had quite a few near enough brand new bikes come through showing finance, apparently what happens is someone goes to get finance on a brand new bike, dealer registers it with finance company, buyer pulls out and although there is no actual finance on the system the finance company have already logged an interest in the bike so shows up on hpi reports. Usually fairly easy to resolve.
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BrownTrousers
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PostPosted: 09:10 - 22 Dec 2015    Post subject: Reply with quote

If bike dealers are like car dealers, stocking loans are very normal:

Dealers can't afford to buy all their stock outright and then just wait to sell it, so they get loans covering each vehicle (usually from the manufacturer themselves) to help them finance a decent level of stock.

I suspect someone somewhere just forgot to press a button to clear the above. A full HPI check should reveal the name of the lender which may confirm this.
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Last edited by BrownTrousers on 09:38 - 22 Dec 2015; edited 2 times in total
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Shaft
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PostPosted: 09:23 - 22 Dec 2015    Post subject: Reply with quote

Rogerborg wrote:
Wait a second. Why would a main Honda dealer use finance to buy a Honda, from Honda? Anyone in the business able to shed light on that?



If it works the same as the car game (and there's no reason why it wouldn't) the dealers will operate what's often known as a floor plan, whereby their new vehicle stock is all financed, so they don't have to lay out huge sums to own all the stock outright.

The idea is, you have an open line of credit against which you order your stock, then you pay a an ongoing fixed monthly instalment - when you sell a vehicle, it comes off the floor plan and gets paid for, usually at about the same time as the customer pays for it.

This frees up that amount of credit to order the next one and so it goes on.

Generally, the floor plan only operates for a certain amount of time on each vehicle, say 6 months, then the dealer has to buy it and keep it as an asset, at which point it will normally be marked as fully paid on the dealer's stock list and the salesmen will be encouraged to move it on, ASAP.

Because the vehicles on the floor plan are constantly changing, it's not like normal finance, where the specific vehicle is named on the agreement, so in the normal course of events, it would never show up on a finance search.

However, if the dealer decides to keep it and run it as a demonstrator, they could elect to finance the buy in cost, separate to the floor plan and specific to the vehicle, settling the balance when it's sold; in which case, it might well show up on an HPI style check, although it would normally be timed so that the finance is settled before the customer takes delivery.

It is not uncommon for part of a dealer's franchise agreement to stipulate that you use the factory's prefered financier as your first line of credit, hence a dealer appearing to finance their stock through the factory.

In this case, I suspect there's been an oversight by whoever taps the buttons at the finance company - it most likely has been paid off, but the settlement hasn't been registered with the credit agencies.

Or, as said, someone else was propped up previously and the deal was unwound at the last minute, so that agreement is still registered.

Whatever the case, OP needs to set the wheels in motion to get it all unravelled, but I don't think it's a case of foul play.

tl:dr it's all about the cash flow.
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Petemate
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PostPosted: 09:24 - 22 Dec 2015    Post subject: Reply with quote

Blimey -what a lesson for us all. So even when buying either a bike or a car from a dealer, good policy to do ones own HPI check first! I will definitely remember that for the future.
Good luck OP in resolving this; I am sure it will be sorted, but for you time is important and someone needs to get the lead out of their trousers.
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waffles
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PostPosted: 09:29 - 22 Dec 2015    Post subject: Reply with quote

A friend got caught like this with his car, secondhand Corsa from a dealer. He paid cash but when he tried to sell it a year later it came back as having finance from Blackhorse on it still. Quick call to the dealership got it sorted out in a few hours.

Best bet is to give the place you bought it from a bell and ask them to find out what is going on.
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Hahadumball
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PostPosted: 09:53 - 22 Dec 2015    Post subject: Reply with quote

Rogerborg wrote:
Wait a second. Why would a main Honda dealer use finance to buy a Honda, from Honda? Anyone in the business able to shed light on that?

I wonder if they registered a couple of bikes, arranged finance for another buyer and put your registration number on their paperwork. Presumably someone's being making payments on it. Thinking



Thinking Thinking

highly possible
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Polarbear
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PostPosted: 10:24 - 22 Dec 2015    Post subject: Reply with quote

Shaft wrote:
Rogerborg wrote:
Wait a second. Why would a main Honda dealer use finance to buy a Honda, from Honda? Anyone in the business able to shed light on that?



If it works the same as the car game (and there's no reason why it wouldn't) the dealers will operate what's often known as a floor plan, whereby their new vehicle stock is all financed, so they don't have to lay out huge sums to own all the stock outright.

The idea is, you have an open line of credit against which you order your stock, then you pay a an ongoing fixed monthly instalment - when you sell a vehicle, it comes off the floor plan and gets paid for, usually at about the same time as the customer pays for it.

This frees up that amount of credit to order the next one and so it goes on.

Generally, the floor plan only operates for a certain amount of time on each vehicle, say 6 months, then the dealer has to buy it and keep it as an asset, at which point it will normally be marked as fully paid on the dealer's stock list and the salesmen will be encouraged to move it on, ASAP.

Because the vehicles on the floor plan are constantly changing, it's not like normal finance, where the specific vehicle is named on the agreement, so in the normal course of events, it would never show up on a finance search.

However, if the dealer decides to keep it and run it as a demonstrator, they could elect to finance the buy in cost, separate to the floor plan and specific to the vehicle, settling the balance when it's sold; in which case, it might well show up on an HPI style check, although it would normally be timed so that the finance is settled before the customer takes delivery.

It is not uncommon for part of a dealer's franchise agreement to stipulate that you use the factory's prefered financier as your first line of credit, hence a dealer appearing to finance their stock through the factory.

In this case, I suspect there's been an oversight by whoever taps the buttons at the finance company - it most likely has been paid off, but the settlement hasn't been registered with the credit agencies.

Or, as said, someone else was propped up previously and the deal was unwound at the last minute, so that agreement is still registered.

Whatever the case, OP needs to set the wheels in motion to get it all unravelled, but I don't think it's a case of foul play.

tl:dr it's all about the cash flow.


Well, you learn something every day. I don't know why, but I presumed main dealers got their bikes supplied from the manufacturers and paid for them when they sold them.

Probably naive, but what's the point of paying for a franchise then.
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tafflington
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PostPosted: 10:30 - 22 Dec 2015    Post subject: Reply with quote

Thanks for everybody's insightful responses.

I spoke with the dealership who managed to fix it within 30 minutes.

There weren't actually any outstanding payments, it was the purpose the bike served... Like a show bike or something, I can't remember the exact term.

Honda keep an interest in the bike through finance to avoid it's sale until a certain number of days had passed. The bike itself is paid for, Honda just retain interest to keep the dealer from selling it.

When the relevant time had passed for the sale to be allowed, Honda Finance hadn't removed it automatically like they're supposed to.

I'm sure there's a much more accurate description for all of the above! But it's not my field of expertise Smile

Either way, all fixed ... Thank you for your replies Smile
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Rogerborg
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PostPosted: 10:39 - 22 Dec 2015    Post subject: Reply with quote

Good news, unfix bayonets. Thumbs Up

tafflington wrote:
Honda keep an interest in the bike through finance to avoid it's sale until a certain number of days had passed.

That does ring a bell. My father was off trying to buy a Merc that was advertised for sale as a pre-reg. The dealer weasel said sure, sure, it's for sale, lovely car, beautiful plumage, and if you put down a few grand now, you can pay the rest and drive it away in just another 10 weeks when Mercedes let us dispose of it.

Needless to say, "do one" and "time wasting prick" featured heavily but briefly in the ensuing conversation.
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