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Barn finds, V5s and (who does own it) ownership

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byke95
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PostPosted: 10:48 - 15 Feb 2020    Post subject: Barn finds, V5s and (who does own it) ownership Reply with quote

Hi all,

I’m considering buying a bike that was found when a property was sold to a new owner. There is no other history. Said new owner sold the bike to another fella who, as far as I can tell, buys and sells bikes as a bit of an extra earner. He has the (or at least applied for a new) V5.

As the V5 isn’t proof of ownership, if I were to buy the bike, is there a risk of the original owner tracking the bike down and making a claim to it? Is there anything else I should be thinking about?

Big thanks!
Byke
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Ste
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PostPosted: 11:25 - 15 Feb 2020    Post subject: Reply with quote

Stick the registration into https://www.isitnicked.com/ to see if it's reported as stolen.

Stick the registration into https://www.check-mot.service.gov.uk/ to see when was the last time anyone cared enough about the bike to get it MOT'ed.

Does the new owner some type of receipt or anything from the person they bought it from?

I suppose that there is the risk of the original owner tracking it down and laying claim to it and I'm not sure how you could completely remove that risk. Confused
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Polarbear
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PostPosted: 13:30 - 15 Feb 2020    Post subject: Reply with quote

How would they prove it, short of having the original shop receipt.

I know the V5 has 'No proof of ownership' plastered over it but it's surly as valid as a hand written receipt?

If it isn't, just write your own receipt.
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MCN
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PostPosted: 13:40 - 15 Feb 2020    Post subject: Reply with quote

Polarbear wrote:
How would they prove it, short of having the original shop receipt.

I know the V5 has 'No proof of ownership' plastered over it but it's surly as valid as a hand written receipt?

If it isn't, just write your own receipt.


V5 is a registration cert.

It's meaningless in law except to determine the 'legal keeper'.

Advice, if you can't prove ownership then move on.

Or risk someone coming out the woodwork later.

It's difficult to prove ownership even if there is a reciept.
It can still end up a legal contest.
If you think it's worth that gamble then batter on regardless.

I'd not fall in love with something so dubious.
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chickenstrip
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PostPosted: 14:12 - 15 Feb 2020    Post subject: Reply with quote

Barn find? Shut up and take my money...and my house, car, bike and life! Barn find?! My life for you!
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Pete.
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PostPosted: 14:40 - 15 Feb 2020    Post subject: Reply with quote

If you bought something and paid a reasonable amount for and got a receipt from the seller who has a v5 in their name then you're at very little risk. To gain a v5 he must have applied and a letter will have been sent to the previous registered owner, who didn't respond.

The only way a PO could find out you now own it is to spot that it's back in use and apply for the keeper details. Even then, the bike was bought along with a property contents so they'd have little claim to the title.

If it was a bike I fancied owning, I'd probably take the chance.
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yen_powell
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PostPosted: 16:05 - 15 Feb 2020    Post subject: Reply with quote

In the past if someone applied for a V5 on a vehicle they didn't own, the DVLA write to the last known owner asking if it is okay. Not sure what happens if they get no response because the owner is dead or long gone to another address.
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steve the grease
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PostPosted: 21:41 - 16 Feb 2020    Post subject: Reply with quote

My mate rang me and said , "They're clearing an old ladies house just up the road, theres a moped , if you don't want it , its going in the skip". So of course I had it, an address, but no owner name or V5 or anything other than a reg plate. A polite letter to the DVLA and twenty quid resulted in a log book.

I bought a tractor , been used for launching a boat on a private beach for 25 years ( so no tax insurance etc) owned by Mr A stored at Mr B's house. Mr A moves away and gives Mr B the tractor. 10 years on, Mr B is 80, no more boat, I buy the tractor. I think there is a manual in the filing cabinet. Oh look a V5 has just fallen out of the manual , in Mr A's name. No one knows where he lives , or even if he is still alive. Yet again, a polite letter to the DVLA and twenny Squids , generates a V5.

There is another one , but you get the idea.

As far as I know if a V5 is applied for , they contact the last known owner at the registered address, if nothing is heard back ( this is to stop cloning) then a V5 is issued in the new applicants name and address.
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Shaft
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PostPosted: 23:37 - 16 Feb 2020    Post subject: Reply with quote

steve the grease wrote:


If a V5 is applied for , they contact the last known owner at the registered address, if nothing is heard back ( this is to stop cloning) then a V5 is issued in the new applicants name and address.


^^^ This

I had a bike that was stored in my garage, ostensibly for evidence in a court case, which was registered to me at the same address, but I hadn't updated the V5 since I first registered it in 1982.

30 odd years later, another BCF member bought it from me, applied for a V5 in his name (I had long since lost my original) and I got a letter from the DVLA asking me if I opposed the issue of a new V5, giving me 14 days to respond.

I ignored the letter, he got his V5.
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MCN
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PostPosted: 07:39 - 17 Feb 2020    Post subject: Reply with quote

The V5 ONLY states the Registered KEEPERS.
The keeper is not necessarily the owner.

It maybe doesn't follow common logic but legally that is all that it states.

Ownership is not as simple to determine and there are many cases that show this.

But normally people won't challenge sound evidence.
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UncleFester
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PostPosted: 08:21 - 17 Feb 2020    Post subject: Reply with quote

All the DVLA care about is who they can send the road tax invoice to - that's it. Unless someone actually reports it stolen.

If you do get the V5 either tax it or immediately SORN it.

DVLA are theives.
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Easy-X
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PostPosted: 10:35 - 17 Feb 2020    Post subject: Reply with quote

A sells house to B, forgotten is a scooter in the garage (along with loads of other junk)

B has to clear the garage at their own expense and C receives the scooter from the clearance.

C then sells scooter to D

A remembers the scooter in the pub 10 years later and is pissed off.

A would have to prove that the original sale of house and contents explicitly didn't include the scooter and that B knew that. And that B had informed C it was a bad faith sale and that C passed that information onto D.

I wouldn't worry.
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MCN
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PostPosted: 13:46 - 17 Feb 2020    Post subject: Reply with quote

Easy-X wrote:
A sells house to B, forgotten is a scooter in the garage (along with loads of other junk)

B has to clear the garage at their own expense and C receives the scooter from the clearance.

C then sells scooter to D

A remembers the scooter in the pub 10 years later and is pissed off.

A would have to prove that the original sale of house and contents explicitly didn't include the scooter and that B knew that. And that B had informed C it was a bad faith sale and that C passed that information onto D.

I wouldn't worry.


E reminds A that the vehicle tax is outstanding as A never bothered his/her beaver to arrange a SORN for it.

A decides to enjoy his pint with E.

E shouts up another round for A, B, C and D.

E is a decent bloke.
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byke95
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PostPosted: 19:31 - 17 Feb 2020    Post subject: Reply with quote

Thanks for all the thoughtful and helpful replies BCFers. I dont get to come on here much these days, but you all never fail to be helpful Clapping

Legally, it sounds like there is a very small risk the orignial owner could seek out the bike, and even smaller risk to me even if he/she did.

I'd normally only buy from a private seller, who had owned and used the bike they're selling. I like to get a feel for an owner just as much as the bike. Still, the bike has caught my eye, and I keep on looking at the pictures of it. So much so, my wife thinks I must be looking at something more explicit.

Thanks again Very Happy
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Suntan Sid
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PostPosted: 19:06 - 18 Feb 2020    Post subject: Reply with quote

The "risk" is surely linked with the type of bike it is.
If your "barn find" is a six month old MV, or a mint "classic" worth tens of thousands, the chances of you losing out are high.
If your "barn find" is a 20 year old run of the mill bike with added rust your risk of losing out is low.
As Ste says check it's not stolen, because the chances of you losing everything, if it is stolen, are extremely high!
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Polarbear
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PostPosted: 09:41 - 19 Feb 2020    Post subject: Reply with quote

Suntan Sid wrote:
The "risk" is surely linked with the type of bike it is.
If your "barn find" is a six month old MV, or a mint "classic" worth tens of thousands, the chances of you losing out are high.
If your "barn find" is a 20 year old run of the mill bike with added rust your risk of losing out is low.
As Ste says check it's not stolen, because the chances of you losing everything, if it is stolen, are extremely high!


If someone has bought the house and it isn't stipulated the bike specifically doesn't come with the house then surely it's part of the estate, just like that Chippendale chair that got forgotten about and left behind. Wink
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MCN
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PostPosted: 12:44 - 19 Feb 2020    Post subject: Reply with quote

This article clears away any doubt.

https://www.legislation.gov.uk/ukpga/1979/54/part/III/crossheading/transfer-of-property-as-between-seller-and-buyer
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