9 replies to this topic

[thespikeyone]

Right then here's the story,

In jan this year I got sent on a 6 week course at marham In Norfolk, as it's I'n the middle of no where and over 1000mile round trip to get home at weekends I decided to take the trials bike and ride with a few mates based In Lincolnshire.

Organised to ride a Lincoln trial with my mate, as I used to be based in Lincolnshire I knew quite a few of the guys at the trial, whilst sitting in a q I asked one of the guys who owns a bike shop if he had any 250 4 banger Enduro bikes in, he said no, but another lad who I know said his mate had a yam wr 250f for sale, I got the sellers details after the trial and phoned him.

I asked all the usual questions, is it road reg, no. How long have you had it, 2 yrs. Has it done much, only a couple of h&h races as I'm at uni I'n Leeds. Bike is located at his mates I'n Lincolnshire after the last h&h.

Ok all sounds ok can you send me some photos to see weather it worth taking a 2 hr drive to have a better look, eventually got a photo. Bike looks in good nick. When can I come have a look? Need to check when my mate is available blah blah.

Go have a look at the bike located I'n a nice village, nice house etc new jag and new mini on the drive. It his mates parents house. Bike Looks ok leaky fork seal and no front brake, easily sorted. Can I have a ride of it? Yeah sure. Bike doesn't start, mess about running fuel through carb etc. It's not been started In a while. How long ? About 18 months since he
Left for uni. Ok Got it started runs nice. Happy days.

Agree on price 1250. Got 300 cash pay the rest via paypal.

Paypal decline the payment as the think it's fraudulent use of my account. Can't use paypal until they un block my accnt. Take the cash back and leave telling him I will resend paypal money then give him the rest when pick up bike. He happy with that.

Resend him the money. He grumbles as he not validated his account and can't get money out.

Eventually gets the money I meet his mate with remainder I'n cash and get the bike.

Come home do a couple of Enduro races and do pretty well, buy some bits and bobs for it.

Find out I didn't get an entry for ssdt so decide it would be good to get the Enduro road reg to watch ssdt. Get all paperwork sorted and get my no plate.

End up observing with mates at ssdt so didn't really use Enduro bike.

Get a phone call on sun from the police asking about the bike saying it was stolen and they want to come have a look. Ok. They check frame and engine nos they match up with stolen bike details. Bike stolen from humberside sept last year!!!! They check that it hasn't been recovered and not taken off database.

They coming tomorrow to seize the bike 

Anyone else been in this situation. Going to try and get money back from paypal/bank but the cash has gone.

Anyone bought a bike back from insurance company???


Forgot to mention his mate who was keeping the bike i recognise from lincoln trials and is one of the nicest blokes youll ever meet!!!!

Edited by thespikeyone, 23 May 2011 - 11:53 PM.

[bultaco49]

Hi

Sorry to hear about your situation. Very trickey. This is a very similar situation to that which happened to my brother over a purchase of what turned out to be a stolen car. As he had paid a fair price and bought the car in good faith (the seller had basically 'ringed' the car to hide its correct identity) he had a legal claim to the car as had the insurance company who had paid out for it. He contacted the insurance company who were actually sympathetic to his claim and did'nt want the hassle of disposing of the car. After a small fee they transferred ownership to my brother.

You should contact a solicitor (as did my brother) and try to contact the insurance company and tell them you want to retain the bike and be able to show you purchased it openly and legitimately for a reasonable price before handing over the bike.

Hope this helps and good luck.

Tim

[bucki3]

Sorry to hear that Alan, I had a chat with my brother in law who is a policemanofficer, he agrees with what was said above, however it all depends if the bike was insured by the last owner who made a claim on the insurance ie they would have paid him out after a set period of the bike not being found and now the bike is property of the insurance company they could sell back to you. If the bike was not previously insured then the bike will be seized and returned to the owner.

Fingers crossed it was insured, hope it works out ok.

[asc]

firstly i would run the frame no through hpi my self ,not unknown for the police to make mistakes,think you may be able to do some type of check on e bay motors for free.also bike may be stolen recovered and still on list as stolen,takes them years to take bikes/cars off the list sometimes and relys on insurance /dvla and the police all doing there jobs.

[thespikeyone]

Cheers for the replys it was insured and they did pay out so it will be the insurance company's property. Will see what they say.

[totalshell]

sell it... NOW you will be left with nothing come tommorrow morning.. it could be stolen over night anything could happen but if it is taken away tomorrow thats the last you ll see of it or any of your money and as for the guy whose really nice at trials .. now you know why.. he's a lying scrote who played a part in selling you a stolen bike

Edited by totalshell, 24 May 2011 - 06:20 PM.

[thespikeyone]

Bike gone and too buy it back i need to bid on online auction, it cost £50 just to register to use the site!!!!

Tried to get in touch with seller, no answer surprise surprise, managed to get his mate on the phone tho, he said he knew nothing about it and that he will go to the rozzers to tell them what he knows (sounded genuinly worried he was going to get done)

spoke to bank to try and get money back, they said they can't do anything as it was through paypal, spoke to paypal they can't do anything as they don't cover motor vehicles tyr the bank, spoke to bank again they say a should be able to make a claim but i need paperwork from cops to say the bike wasn't the sellers to sell and something to say they have seized the bike and it is no longer in my possesion.

Copper dealing with it not in till sun!!!

[thespikeyone]

more news,

The seller has just rang me saying the guy he bought it off looked a bit ropey, and he thought there was something not quite right when he bought it.

looks like it down to the coppers now but the grampian police who took my statement said all they will do is forward my statement to humberside police where the orig crime was reported for them to follow up but as a bike was stolen and a bike has now been recovered they will probably not bother taking it any further!!!!!

[totalshell]

you do have recourse to claim the money off the git who sold it to you.. get hold of him and get him to give you the folding or drag him down the bobbies..

[billycraig]

thespikeyone, on 25 May 2011 - 11:57 AM, said:

Bike gone and too buy it back i need to bid on online auction, it cost £50 just to register to use the site!!!!

Tried to get in touch with seller, no answer surprise surprise, managed to get his mate on the phone tho, he said he knew nothing about it and that he will go to the rozzers to tell them what he knows (sounded genuinly worried he was going to get done)

spoke to bank to try and get money back, they said they can't do anything as it was through paypal, spoke to paypal they can't do anything as they don't cover motor vehicles tyr the bank, spoke to bank again they say a should be able to make a claim but i need paperwork from cops to say the bike wasn't the sellers to sell and something to say they have seized the bike and it is no longer in my possesion.

Copper dealing with it not in till sun!!!

Can you not use the paypal dispute centre or has too much time passed? Had a guy buy a £2000 MTB of me via paypal. I said collection only but he begged me to post it as he lived in Devon. About a month after buying it and when I had spent the cash on my new bike he filed a dispute with me that the forks were damaged and that their was also scratches (really deep ones as he sent photos to prove it).

He claimed he's not rode it as he was at college and hadn't had time. It was right in the middle of the summer break so I knew he hadn't been studying. I found out via his website that he'd taken the bike to whistler so had probably had some huge crash. Paypal debited my account for the full £2000 until the dispute was settled. They didn't give it him but they had the power to get it from me even at that late date.

From my experience you as the buyer have a lot of power through paypal as they've literally dumped sellers with a bad deal. Took me months to prove my case and get my account out of a negative balance. Hopefully you can file a dispute or if it came off your credit card file a chargeback.

Good luck mate