Have you bought from Midlands Superbikes recently?

Originally Posted by rob-the-blue

An update on this situation guys....

http://www.harboroughmail.co.uk/news...firm_1_1610921

Messy!

Originally Posted by -Ralph-

Wow, selling customers bikes then hiding the cash and telling the customer the bike was still in the showroom.

I nearly bought a bike from Midland Superbikes (MS) a few weeks before they collapsed and would have done had the bike been an ABS model. Glad I didn't.

Anyone who has bought a bike from MS needs to check if they actually own the bike. If it wasn't MS's bike to sell, but a customer, then they didn't have legal title to sell it, they were acting as an agent on behalf of the owner and they should be telling the buyer this, and be contacting the owner to inform and seek authorisation from them on any negotiations that take place. If the owner has not agreed to the sale, and the money never reached them, has the bike legally been sold, and does the new owner legally own it?

I guess the purpose of this thread, assuming the allegations that bikes have been sold without the owners knowledge is true, is to see if anyone knows where the buyers of those bikes now stand, with regards to legal ownership?

[Biker Biggles]

If its true is it any different to the scrotes who chuck our bikes in vans and nick them that way?
Strightforward theft and fraud on the face of it?

recieving of stolen property
but nothing would come of it with the situation being know im sure to plod
but bike would return to original owner after a bit of legal wrangleing unless v5 has been signed over to the shop then original owner would have to try to claw back some money fron them and not get there bike back/ eg buyer would keep

V5 doesn't prove ownership though does it? I thought the only thing that can do that is proof of money changing hands and/or a receipt/invoice?

v5 shows registered owner and the shop would have to prove they owned it to sell to 3rd party or didnt ,so any brief worth there salt would seconda the shop files

[andrewsmith]

Saw a bit in the MCN this week about this and there has meant to be a lot or rubber checks that appeared on the 16th oct and bikes sold on 2 months prior to the checks being issued

If the cops are investigating fraud, everyone waiting for their money or bikes will have to join the que

[embee]

Originally Posted by davepreston

v5 shows registered owner and the shop would have to prove they owned it to sell to 3rd party or didnt ,so any brief worth there salt would seconda the shop files

V5 shows registered KEEPER, not OWNER.

[TamSV]

You might be surprised how this could turn out.

One of my customers was involved in what looks like identical circumstances earlier this year. He gave his car to a garage on sale or return. He retained the V5 in his possession.

Was fobbed off for several weeks by the garage saying they had someone interested but they wanted to test drive again, then they wanted their wife to look at the car etc.

Garage went out of business and it turned out the vehicle had been sold two months previously. The new owner had a V5 issued by DVLA in his name and had bought the vehicle on finance. As he bought the vehicle from the motor trade he retains good title on it. My customer can't get his car back.

The Police investigated allegations of fraud but concluded no crime had been committed. The garage didn't steal the vehicle. They did exactly what they were asked to do...they sold it.

Of course, they were going to transfer the money to my customer but sadly they went out of business before that could happen. The lies they told were an attempt to improve their cash flow and trade through their financial difficulties - no crime in that. My customer becomes a trade creditor along with everyone else.

To top it off, as there has been no crime, there is no prospect of a theft claim on his insurance.

Oh, and this was a £20k Audi.

Originally Posted by TamSV

Oh, and this was a £20k Audi.

Ouch

Originally Posted by TamSV

As he bought the vehicle from the motor trade he retains good title on it.

And this was the kind of answer I was looking for, thanks.

So is that the case regardless of circumstances? ie: if a motor trader sells a stolen car, the person who bought retains good title? Or are there certain restrictions around this?

[punyXpress]

and does Scottish law differ from t'rest?