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Help, bought a crash damaged bike but turned out to be CAT B

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element
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PostPosted: 19:36 - 30 Dec 2015    Post subject: Help, bought a crash damaged bike but turned out to be CAT B Reply with quote

Long story short, spotted a crash damaged xt125x for £225. Was assured engine was OK when crashed just not started since. Engine was free so i assumed it just needed a good clean through as it had been stood for 10 months..Only needed a front end and when asked we were assured it was unrecorded.

So as my sister was awaiting the v5 I went about removing the subframe to gain access to the carb. Then she received a letter from dvla that the bike is a cat b and should not have been sold on ( I'm fully aware of cat a-b and have repaired a few cat c so I know the score). By this point I stopped any work on the bike and contacted seller. They offered full refund on return of the bike.. All good so far, only the bike seized while standing for 2 weeks! I told the seller this but nothing was said about the matter.

Now on returning the bike they paid us £100 back and said the would bank transfer the rest when they had checked the bike over, fair enough I thought.

Now the scrote is refusing the pay the rest £125 due to bike in pieces and seized engine.. I originally offered £50 for the bike as spares upon finding it was cat b so that I would not have to take the bike back on a 60mile trip to the seller. He wanted £100. Wasn't worth it to us so we agreed to return the bike. So he's got his bike back and our £125!!

Opinions? I didn't touch the engine. Admittedly it was free when we bought it but it siezedmwhile left. There was rust on the intake valve when unremoved the carb so water must have gotten into the engine? Airbox was not attached to carb so... And was I supposed to put it all back together?? It was only the tail...

Some people!!!!
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Hahadumball
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PostPosted: 20:07 - 30 Dec 2015    Post subject: Reply with quote

well you fucked up allowing him to take it back without full payment...

just give him the money take the bike back and put it on the road stop dicking around.

failing that move on you wont be getting any money
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Fin: no matter how much I look at It I can't understand what was going through my head, all I remember is going about 80 and redlining it to stop it seizing.
360 Deg... Five 1/4 turns. :- Teflon-Mike 18 Jan 2015
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Rogerborg
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PostPosted: 20:10 - 30 Dec 2015    Post subject: Reply with quote

Get it out of him with menaces, via a small claim, or chalk it up to experience. Seller sounds like a pikey, it's a pikey bike, emptor needed some more caveating. Sorry, I don't know what else you expected to hear with the information that you've provided.

If you'd asked earlier, I'd have suggesting firing in with a complaint to the DVLA asking on what legal basis (statute or regulation) they're refusing to record the change of keeper or to supply a V5C and therefore denying you peaceful enjoyment of your possession.
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Hahadumball
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PostPosted: 20:12 - 30 Dec 2015    Post subject: Reply with quote

i bought a cat b
i filled in old v5
it was sent off
few days later i received new v5 in my name

sometimes life makes you deal with cabbages.
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Fin: no matter how much I look at It I can't understand what was going through my head, all I remember is going about 80 and redlining it to stop it seizing.
360 Deg... Five 1/4 turns. :- Teflon-Mike 18 Jan 2015
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element
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PostPosted: 20:41 - 30 Dec 2015    Post subject: Reply with quote

Paul Fzs wrote:
i bought a cat b
i filled in old v5
it was sent off
few days later i received new v5 in my name

sometimes life makes you deal with cabbages.


The old v5 is the one that was filled in.. Also thought you couldn't get insurance on a cat b anyhow..

Wish I hadn't taken the bike back and had taken the £100 but all I knew was to take the bike back and I'd be collecting £225.. When I found out different I assumed it was all agreed with my sis.. Cheeky scrote has already been paid out £1100 for the bike anyway so its no loss to him. I'm sure he knew it was cat b as surely insurance would have told him to destroy the frame and supply docs to dvla as proof..
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Rogerborg
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PostPosted: 21:12 - 30 Dec 2015    Post subject: Reply with quote

element wrote:
surely insurance would have told him to destroy the frame and supply docs to dvla as proof..

They might have, but he's under no obligation to do so. There's no offence committed by putting any 'category' of vehicle back on the road, and I'm not aware of DVLA having any lawful grounds for withholding a V5C. Even the VIC check for cars was done away with last October.

Whether insurers will cover you is up to them. You can only tell them what you know though, which is why I prefer ignorance with used bikes. They should know whether it's written off, its their cartel's scheme. If they choose to pretend they don't know, well, sauce for the goose.
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Hahadumball
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PostPosted: 21:33 - 30 Dec 2015    Post subject: Reply with quote

I got insured, i phoned 4 companies they all said its fine.
Dvla said theres no problem.

some insurers aren't told by dvla that a vehicle is a write off.

You don't have to destroy anything, you could have a bike that was run over by a tank, aslong as its rideable and would pass an mot theres fuck all doovla can do to stop you having the v5.
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Fin: no matter how much I look at It I can't understand what was going through my head, all I remember is going about 80 and redlining it to stop it seizing.
360 Deg... Five 1/4 turns. :- Teflon-Mike 18 Jan 2015
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P.
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PostPosted: 22:22 - 30 Dec 2015    Post subject: Reply with quote

Would have done what people above have said. Kept it and got v5 regardless. DVLA are fucking idiots.
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Stalk
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PostPosted: 23:07 - 30 Dec 2015    Post subject: Reply with quote

This again


Read on.

[url] https://www.bikechatforums.com/viewtopic.php?p=4193984&highlight=#4193984 [/url]
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element
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PostPosted: 23:15 - 30 Dec 2015    Post subject: Reply with quote

Paddy. wrote:
Would have done what people above have said. Kept it and got v5 regardless. DVLA are fucking idiots.


Dvla no longer issue v5s for cat a or b though.. Since October 2015
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Stalk
Brolly Dolly



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PostPosted: 23:31 - 30 Dec 2015    Post subject: Reply with quote

Arse about the v5s
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P.
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PostPosted: 10:22 - 31 Dec 2015    Post subject: Reply with quote

element wrote:
Paddy. wrote:
Would have done what people above have said. Kept it and got v5 regardless. DVLA are fucking idiots.


Dvla no longer issue v5s for cat a or b though.. Since October 2015


Did you ask them why they are witholding the paperwork required. Do you have a written source for this or was it just a faggot on the phone.
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Rogerborg
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PostPosted: 12:47 - 31 Dec 2015    Post subject: Reply with quote

element wrote:
Dvla no longer issue v5s for cat a or b though.. Since October 2015

Oops. The sods kept that bit quiet when they were trumpeting getting rid of the VIC scheme.

https://www.trents.co.uk/VIC-scheme-abolished
"Cat A & B vehicles being unable to obtain a V5 certificate after the 26th October"

https://www.mvda.org.uk/content.aspx?id=35

OK, I stand by my previous position: get stuck into them. We enjoy a right to "peaceful enjoyment of [our] possessions" under Eurolaw and our remedy is to sue our government if they unreasonably deny us that right.

At a minimum, the DVLA should at least provide a free, easy way to find out if a vehicle has been written off if they're not going to issue a V5C for it.
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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
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element
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PostPosted: 13:31 - 31 Dec 2015    Post subject: Reply with quote

Rogerborg wrote:
element wrote:
Dvla no longer issue v5s for cat a or b though.. Since October 2015

Oops. The sods kept that bit quiet when they were trumpeting getting rid of the VIC scheme.

At a minimum, the DVLA should at least provide a free, easy way to find out if a vehicle has been written off if they're not going to issue a V5C for it.


But they don't yet, so hpi check is all I could've done..


https://img2.jpegbay.com/gallery/004899606/1_f.jpg
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Hahadumball
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PostPosted: 13:58 - 31 Dec 2015    Post subject: Reply with quote

Started on my birthday Very Happy

Sneaky fuckers! So this means no more buying cat bs then!
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Fin: no matter how much I look at It I can't understand what was going through my head, all I remember is going about 80 and redlining it to stop it seizing.
360 Deg... Five 1/4 turns. :- Teflon-Mike 18 Jan 2015
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arry
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PostPosted: 14:15 - 31 Dec 2015    Post subject: Reply with quote

Paul Fzs wrote:
Started on my birthday Very Happy

Sneaky fuckers! So this means no more buying cat bs then!


Roger is on the right path as always though - where's the legislation change that backs up their actions?
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M.C
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PostPosted: 15:05 - 31 Dec 2015    Post subject: Reply with quote

element wrote:

But they don't yet, so hpi check is all I could've done..

The autotrader trick comes in handy for seeing if a vehicles been written off.
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Rogerborg
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PostPosted: 20:34 - 03 Jan 2016    Post subject: Reply with quote

https://www.legislation.gov.uk/uksi/2015/1657/made

Well, well, well.

Well.
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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
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P.
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PostPosted: 20:46 - 03 Jan 2016    Post subject: Reply with quote

They love to write it in such old ways. Simply putting we ain't giving out v5s to cat b and a mate would suffice.
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J.M.
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PostPosted: 20:47 - 03 Jan 2016    Post subject: Reply with quote

Rogerborg wrote:
https://www.legislation.gov.uk/uksi/2015/1657/made

Well, well, well.

Well.


So the TL;DR version is basically...

Quote:
Duty of the insurer

1.—(1) If an insurer determines that the relevant vehicle for which it provides a policy of insurance has sustained damage such that the repair costs including value added tax exceed the pre-accident value of that vehicle—

(a)that insurer must notify the Secretary of State whether the relevant vehicle is suitable for repair or not as the case may be;


[...]

Application for a new registration document

3. The keeper of a relevant vehicle may apply for a new registration document for that vehicle if—

(a)an insurer has determined that the relevant vehicle is suitable for repair;


[...]


If an insurer deems that the vehicle isn't suitable for repair, you may not apply for a new registration document.

Seems quite silly to me? Surely an insurer would deem a vehicle with heavy cosmetic damage to be unsuitable for repair due to the fact that the repair value exceeds the value of the vehicle, yet the vehicle would be perfectly safe to ride on the road if it was for example a sports bike and it had a naked conversion done cheaply at home.
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Pete.
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PostPosted: 20:59 - 03 Jan 2016    Post subject: Reply with quote

Suitable for repair and cost-effective to repair are not the same thing. Many many people spend more on fixing up their vehicle than it's actually worth, quite often it's worth less after all the money is spent.
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arry
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PostPosted: 21:28 - 03 Jan 2016    Post subject: Reply with quote

In the non Tef version I didn't spot any provision for a total loss settlement to have actually been paid - just that the insurer deems it not suitable for repair.

What if the insurer just decides upon inspection and the claim is withdrawn?
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Shaft
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PostPosted: 21:37 - 03 Jan 2016    Post subject: Reply with quote

arry wrote:
In the non Tef version I didn't spot any provision for a total loss settlement to have actually been paid - just that the insurer deems it not suitable for repair.

What if the insurer just decides upon inspection and the claim is withdrawn?


What if they don't inspect?

More than 90% of the repairs I carry out, are based on images only, getting an engineers inspection can be nearly impossible, depending on the insurance company.
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arry
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PostPosted: 21:59 - 03 Jan 2016    Post subject: Reply with quote

I did think that also. Now that could get a bit hairy depending on how far they take their new imposed duties
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Rogerborg
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PostPosted: 22:25 - 03 Jan 2016    Post subject: Reply with quote

I can't see any requirement to "inspect", just to "determine".

Pragmatically, the cartel's goon only has one consideration: maximising their master's profit. They're not, to the best of my knowledge, independently accredited or subject to regulation, so they have no incentive to make a public-safety based categorisation.

Owners may pay to retain ownership of a C or D vehicle. If it seems like they won't, then A or B will now ensure that the cartel won't pay out on the same vehicle twice.

tl;dr version is that it is now worth giving a fu​ck if a used vehicle has been written off.

I'd just like a convenient, cost free way of doing it. Because pikeys will demonstrably pike.
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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


Last edited by Rogerborg on 10:51 - 04 Jan 2016; edited 1 time in total
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