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Buying a bike but the owner is in prison!

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GeneralXcepti...
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PostPosted: 13:21 - 23 Jun 2009    Post subject: Buying a bike but the owner is in prison! Reply with quote

I saw an add for a fairly new CBR6RR. Phoned the guy up and it turns out that it's not his bike but his mates. His mate has been sent down and he's selling it for him because the Mrs of the fella doing time needs some cash.

The bike's mint, both keys, service book etc is all there and the V5 has the name of his mate and the address where the bike is kept. Did a check on it and nothing came up on that either. It all looks legit but my scam radar is going off big time!

I think the scam maybe that I'm being asked to part with cash when the owner isn't giving consent to sell it. I mean where would I stand if I buy the bike and ahem 6 - 12 months later (depending on good behavior) the fella comes out of clink and says where the fug is my bike, rings the old bill and says that it was taken without the owners consent?

After all, I've never met the bloke so how do I know he's given consent to sell it and I'm pretty sure he won't be signing the V5!

Time to walk away me thinks. It's a lovely bike for the right sort of money but there's plenty more CBR's in the autotrader sea, unless anyone out there has experience of this sort of thing and can allay my fears?

Cheers

Gen
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Wafer_Thin_Ham
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PostPosted: 13:24 - 23 Jun 2009    Post subject: Reply with quote

See if you can contact the guy in prison. It shouldn't be too much of a problem if you get his name and the prison he's in.
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mooserx
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PostPosted: 13:28 - 23 Jun 2009    Post subject: Reply with quote

Surely if you pay for it you'll get a receipt and the v5 will be in your name, and i could be wrong, but does that not show a legal sale? OH yeah, the registered keeper (the jailbird) will need to sign the v5 as well when the sale happens.

Could be a scam, could be a genuine sale, i reckon its pretty hard to tell. My intuition would tell me it seems like a little bit hard work for a sale when as you say there are plenty about.
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Feasty
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PostPosted: 13:28 - 23 Jun 2009    Post subject: Reply with quote

Walk away... even if you can get hold of the bloke behind bars, what if the bike is being sold without his consent? You'll be opening an even bigger mess by dropping his 'mate' and missus in it.
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Wafer_Thin_Ham
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PostPosted: 13:31 - 23 Jun 2009    Post subject: Reply with quote

beanfeast wrote:
Walk away... even if you can get hold of the bloke behind bars, what if the bike is being sold without his consent? You'll be opening an even bigger mess by dropping his 'mate' and missus in it.


Not really your problem. Wink
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mooserx
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PostPosted: 13:32 - 23 Jun 2009    Post subject: Reply with quote

beanfeast wrote:
Walk away... even if you can get hold of the bloke behind bars, what if the bike is being sold without his consent? You'll be opening an even bigger mess by dropping his 'mate' and missus in it.


On reflection i'd do this, his "mate" could be the mrs's new toy while hubby is banged up..
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GeneralXcepti...
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PostPosted: 13:36 - 23 Jun 2009    Post subject: Reply with quote

Thanks for the advice guys, I think I'll walk away from this one.
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Pete.
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PostPosted: 18:25 - 23 Jun 2009    Post subject: Reply with quote

Probably wise. If the guy got out of prison he might report it stolen by his wife since he, the legal owner, hadn't sold it. I dunno if there's some sposal law that might have a bearing but it seems to me that she's technically taking someone else's property for her own. You couldn't even claim ignorance since it'll be obvious that it's registered to a male owner.
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G
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PostPosted: 18:56 - 23 Jun 2009    Post subject: Reply with quote

If they were being dishonest, wouldn't his mate just pretend to be the owner of the bike?

The V5 does not mean you are the legal owner. Maybe his wife would have the legal right to sell anyway, if he is in prison?
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Pete.
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PostPosted: 19:41 - 23 Jun 2009    Post subject: Reply with quote

G wrote:
If they were being dishonest, wouldn't his mate just pretend to be the owner of the bike?

The V5 does not mean you are the legal owner. Maybe his wife would have the legal right to sell anyway, if he is in prison?


The OP says the guy in prison is the owner:

Quote:
it's not his bike but his mates. His mate has been sent down and he's selling it for him because the Mrs of the fella doing time needs some cash


I guess what it boils down to is whether the guy in prison consents to the sale. As a buyer I'd need to have first-hand knowledge of that.
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MattEMulsion
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PostPosted: 19:50 - 23 Jun 2009    Post subject: Reply with quote

If its cheap enough then I would be tempted to follow it up with a view to buying it in the end. If the price is on par with similar bikes elsewhere for sale then go for an easier/safer option from elsewhere. Thumbs Up
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Pickledswede
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PostPosted: 18:30 - 29 Jun 2009    Post subject: Reply with quote

There's a case like this we're studying in law. Some guys tried to sell the convicts furniture while he was in prison. They got done because they had 'appropriated' (a key element of theft) the furniture by assuming the right to sell, even though they hadn't actually shifted it yet.

They got done for theft, the buyer I think got done for handling stolen goods.

Be aware that even if the guy in prison consents to the sale, but the seller has no intention of handing the money over, it can still be a theft!
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Pete.
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PostPosted: 18:33 - 29 Jun 2009    Post subject: Reply with quote

Pickledswede wrote:

Be aware that even if the guy in prison consents to the sale, but the seller has no intention of handing the money over, it can still be a theft!


Surely that would be theft by the seller but if the owner had consented then the buyer would be in the clear as regards handling stolen goods (unless he was party to the fact that the seller was going to keep the money)?
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MaybeGuy
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PostPosted: 20:00 - 29 Jun 2009    Post subject: Reply with quote

you cant get done for handling stolen goods if you can prove you didnt know they were stolen (ie: with the advert).

they can however, just take it off you if it is stolen and you wont get a penny back unless you sue the theif guy.
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Pickledswede
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PostPosted: 20:44 - 29 Jun 2009    Post subject: Reply with quote

Geri wrote:
Pickledswede wrote:

Be aware that even if the guy in prison consents to the sale, but the seller has no intention of handing the money over, it can still be a theft!


Surely that would be theft by the seller


Yeah that's what I meant, didn't make it very clear.

I've got to admit I don't really know anything about the handling stolen goods parts and it seems logical that you'd have to realise they were stolen to be done for that.

Damn, my supposedly helpful case wasn't so applicable after all Very Happy
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Pete.
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PostPosted: 21:16 - 29 Jun 2009    Post subject: Reply with quote

I have always understood that the distinction is whether you paid a price you'd reasonably expect to pay for something in that condition, so if you paid £20 for a £300 mountain bike you'd definately be bang to rights for handling but if you paid £250 you could reasonably count that as a bargain price for a straight item.
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the grim reaper
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PostPosted: 14:07 - 30 Jun 2009    Post subject: Reply with quote

Geri wrote:
I have always understood that the distinction is whether you paid a price you'd reasonably expect to pay for something in that condition, so if you paid £20 for a £300 mountain bike you'd definately be bang to rights for handling but if you paid £250 you could reasonably count that as a bargain price for a straight item.


Maybe but do you really want o be in the position where you have to prove that you paid good money in good faith? I'd rather not. Run away!

Cheers

Grim
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blutonium92
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PostPosted: 17:46 - 30 Jun 2009    Post subject: Reply with quote

lol very strange situation, the owned behind bars would have to sign the V5 so like.. his mate would have to go visit him.
Though tbh its not worth the hassle even if it was legit. plenty more fish in the sea, just look on ebay and you'll always find what you want in a month or so.
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Gazdaman
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PostPosted: 19:32 - 30 Jun 2009    Post subject: Reply with quote

If it sounds too good to be true...It probably is.

Gaz
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Noxious89123
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PostPosted: 21:32 - 30 Jun 2009    Post subject: Reply with quote

For all the hassle, there are plenty more fish in the sea... Or CBRs on the net.
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rs125tuning
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PostPosted: 21:53 - 30 Jun 2009    Post subject: Reply with quote

Noxious89123 wrote:
For all the hassle, there are plenty more fish in the sea... Or CBRs on the net.


agreed, it could be legit but why bother.

If its an absolute steal then find someone who has done this before and talk to them
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Ant
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PostPosted: 23:00 - 30 Jun 2009    Post subject: Reply with quote

that would be worse than shagging his wife while he's in prison!
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Neorion
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PostPosted: 09:15 - 01 Jul 2009    Post subject: Reply with quote

do his Mrs in the Gary, chuck her a nice dinner and a few quid and promise to take her out on the bike Wink


Or is there more to it?

They dont look like they are from shameless do they?
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chris-red
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PostPosted: 10:48 - 01 Jul 2009    Post subject: Reply with quote

If the bike and the price are right visit the guy in prision go with the mate take the V5 get it signed. Sorted.
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