Legal Advice needed
 

Hello all,
I have a bit of a problem. My local motorbike shop went into receivership this week, and unfortunately my motorbike and my partners are parked there.
His is on winter storage, and mine was taken there for the same reason, but as I had a new bike on order they asked if they could try and sell it early. Of course with me having no knowledge of any problems I said yes.
Now, they have my V5 but I didn't sign it and I have receipts from when I bought it, and I have been told that it is still legally mine. My other half has his V5 etc.

We've written a letter tonight stating our claim which we'll post through the door tomorrow.
Can anyone help with where we stand and what we can do next? Each bike is worth around £7k each.

Ta
Lou

Surely if you can prove the bikes are there and are yours then once you have supplied the guy with a demand for your goods back... If he refuses then surely it's classed then as theft?

I'd just call the police first..

Re: Legal Advice needed
 

The bikes are yours. You have not transferred ownership to the company and the insolvency people are not entitled to keep them let alone to sell them. Demand delivery up of the bikes. You'll need evidence of ownership but from what you say that won't be a problem.

Re: Legal Advice needed
 

Pm sent.

Re: Legal Advice needed
 

Slight update, Mr Lou can't find his receipt for the bike. He's got the one to show he traded in two other bikes against it, but with a balance to pay. But can't find the final one with it all paid. Will this have any bearing?
When we were left the message by the shop, they said that we had 'Right of Entitlement'. What does this mean, and does it mean that the receivers have already noted our ownership?

Thank you for the help you've all given, it's putting my mind at rest. Just can't book the ferry to France until I know we'll have them back to take over there!
Lou

Re: Legal Advice needed
 

I don't see why it should make any difference, and if push comes to shove, they will have the records of the PX. They have no right to keep your bikes, whether temporarily or permanently.

Re: Legal Advice needed
 

[QUOTE=Lou M;2460658]Slight update, Mr Lou can't find his receipt for the bike. He's got the one to show he traded in two other bikes against it, but with a balance to pay. But can't find the final one with it all paid. Will this have any bearing?



What about bank statements / credit cards bills etc from that time? surely that should show a sum paid to them ?

Rgds

Re: Legal Advice needed
 

If he had a V5 then the DVLA will have him as the registered keeper. Order another one.

No signee V5, no sell Bike. I just hope you have not missed out the bit about signing a sale or return form!

I would do 2 things.
1) Go to the dealership with as much paperwork you have and claim back what you can, that is legally yours.
2) If they don't Let you have your bike back send registered letters (keep a copy) to explain that the bikes are yours to all the relevant addresses you know. Saying that you are the legal owner and you demand the return of the item within 7 days.

Re: Legal Advice needed
 

V5 is useless in tems of legal owner, it lists the registered keeper. It will always be advantagous if it goes to court..."why did the shop put the V5 in my name if I hadn't paid for it" but the only way to show legal ownership is proof of purchase.

It's not really important, as the shop will have records, the receivers or administrators will talk to the shop staff. They do this for a living, and if they sell them, they will have to compensate you for their negligence which will most likely include the value of the bike + compensation for the hassle, so it is in their interest not to do something like this.

Re: Legal Advice needed
 

Hello, thought I'd update you on this.
I received a call on Weds from a 'scout' to say that some 'suits' had turned up at the shop, so Mr Lou and I raced over.
The receivers let us in and were more than happy to let us take our bikes, the MD of the shop was there and they left it to him to deal with us. Apparently the shop went into voluntary receivership and they are now looking for a buyer and are hopeful that they can be open within the next two weeks.

One sting in the tail though, my new Tiger 800 XC was sat there, it came in on the day they closed, but they have promised that once they're back up and running they'll ring me to close the deal, so I may get it yet.

Thank you DaveEssex and Ed for you're help, you certainly put our minds at rest.
Lou