Law advice: Theft of a tank

Law advice: Theft of a tank

At the last round of the championship, a rider who I am friends with come off and smashed up his bike at craner curves. We helped him get the bike ridable again (as anyone would in a friendly paddock) and as his tank was caved in, I lent him ("him" being the rider - not the owner of the bike) my tank in order that he could race in the next few races

After the round, the rider took the bike home and returned it to the motorcycle company that own the bike. informing them that the tank was borrowed and will need removing and returning to me. That was 5 weeks ago. This has now come to a head where the motorcycle company are refusing to return my tank and have in fact sold the bike (along with my tank)

Now, since the chain that the tank took was Me - Rider - Motorcycle company, I have checked that:
a) The rider does not owe the motorcycle company and monies or services
b) that the motorcycle company were aware that it was not theirs or the riders tank

No monies were owed, and the company were made aware both on the day the bike came back and several times since that the tank was borrowed and needed returning

The company effectively are guilty of theft as (since they have also sold the bike) they have taken the tank from me where there was no existing agreement for them to do so, with the intention of permanently depriving me of it

Any advice of this from people who actually know the law would be really helpful

plllllllllllllleeeeeeeeeeeeeeaaaaaaaaaaaasssssssss sse

Do you have any proof in writing from the bike company that they were aware the tank needed returning to you?
A signed statement from your rider friend stating when and who he spoke to regarding the situation with the tank would be helpful.

I have a verbal statement from the rider stating that the bike company were informed, and also from the riders sponser. It would be helpful to get that in writing - sure that wont be a problem

There was nothing in writing when the bike went back to the motorcycle company

You will have a difficult time proving theft. Have you complained to the police? A conviction makes life so much easier as it's proof that the person concerned did the deed, and as the burden of proof is higher in a criminal court than in a civil court, the fact of the conviction is admissible as evidence of the fact in the civil court.

The civil claim would be for 'conversion', and would be brought under the Torts (Interference With Goods) Act 1977. Suggest you write them a letter before action saying that by selling the bike they have converted your tank and you will issue a claim against them unless they cough up.

It's not a particularly easy Act to understand...

http://www.statutelaw.gov.uk/legResu...tDocId=1343923

O.k, first get written copies of both statements. Also obtain something which roughly shows the value of your tank. Either a receipt or something like an ebay advert for one of similar age and condition.
Write the company a letter, entitled 'letter before action', stating what you want (your tank back or monies to the value thereof), what you will do if the refuse (small claims court) and who is going to help you do it. (Your solicitor)

Should work hopefully.

Originally Posted by tactcom7

...who is going to help you do it. (Your solicitor)

Should work hopefully.

Why do you need a solicitor - they're too expensive and you won't recover your costs, even if you win... very easy to issue a claim yourself. Especially if you have a friend to help

Originally Posted by Ed

Why do you need a solicitor - they're too expensive and you won't recover your costs, even if you win... very easy to issue a claim yourself. Especially if you have a friend to help

You don't, but often just mentioning the word is enough to get a result. Plus my mum is free, at soliciting anyway. Wait not that kind..oh nevermind.

Ok guys thank you to you both I will action by sending a letter to him

Really sucks as i am meant to at a trackday on sat.. aint going to happen without a tank

What tank is it you need?

[Biker Biggles]

I know its "wise after the event" but why on earth did your friend allow the bike to go anywhere with your tank still on it?Id have thought he would have removed it and given it back after the racing,not given bike and tank to a third party.