Legal advice over ownership of stolen vehicle

longwalks1

I bought a motorbike 4 years ago, found it on Ebay and went to view it, was an impulse buy from a bit of a wideboy (I should of known the signs then and walked away), HPI'd it with the details he gave me over the phone (I didn’t check myself - stupid I know). Anyway, year later when MOT is due, the testing station pick up frame number and reg number dont match up. Contacted DVLA to ask them about it and the Police visited me, turns out to be stolen bike on other plates. Police were brilliant, they really were, tried to locate original owner, He’d moved and left no forwarding address, insurance company had paid him out, the Police told me to re-apply for new log book from DVLA and see what happened, hey presto it came through 3 weeks later, I was over the moon.

Now coming to sell it, I done the MyText Check thing on my mobile but it came up as stolen outstanding and property of the insurers, kinda worrying now, any ideas what to do?

Surely DVLA wouldn’t of sent me the logbook/V5 document out had it not been cleared up? The letter i wrote to DVLA detailed the theft etc and put the police officers names who dealt with the case, what can i do to get it off the 'outstanding stolen' list and in a saleable condition?

Bit of a grey area I know, but thanks for any input people

maninthestreet

The bike belongs to the insurance company that paid out when it was stolen - being the 'Registered Keeper' of a car/motorbike does not confer ownership rights.

KillerWatt

As above, the V5 does not prove ownership in any way, shape, or form (it tells you that in the small print on the back).

As the insurance company have paid the original owner, the bike now belongs to them (sorry, that's just the way it is).

You can of course fight it, but trust me when I say it will be a lot cheaper to let it go and chalk it down to experience.

mttylad

Time to strip it & sell the parts.

Let them have the frame back.

rev_henry

Do you know who the insurance company were? I'd contact them and see what they say. I doubt they'd want it back. They might say you can 'buy it' off them for some amount. You should then write to them and offer a pretty small amount; wouldn't surprise me if they accepted it. I heard about someone similar to your situation who offered an insurance company £100 for a fairly expensive car, which they accepted! Be careful contacting them in the first instance though as they could theoretically turn round and say 'give us the bike back immediately'. Fairly unlikely that they would though.

Sarsie

Can I say, I ride (or at least I usually ride- on a break right now) and I've consulted White-Dalton specialist motorcycle solicitors before after seeing thier advertising in MCN, I especially went for them coz everyone in thier firm rides, that meant a lot to me. It did not cost me anything. They gave me the advice over the phone and said if that doesn't cure it come back to us- the advice solved the problem. Obviously excercise due caution about any recommendations or any solicitors fees but I'm just saying a phone call to a specialist bike solicitor (rather than an average solicitor who hasn't got the same level of vested interest keeping up with every tiny bit of bike-law going) might be well worth your time. It also might be free, check it out.

Sarsie

That last post looked like an out and out advert for White-Dalton a bit didn't it! What I meant to convey and didn't very well was that there are lots of other such solicitors advertising in the reputable bike press too, and I think it's probably good advice if I say check out a few of them too and make your own decision who to call.

There- that's better, much less like an advert!

Mankysteve

The bike belongs to the insurance people. If you have an confirmed address of the person you brought it off you can take them to small claims even if they weren't aware it was stolen.

Keith

Sarsie wrote: »

That last post looked like an out and out advert for White-Dalton a bit didn't it! What I meant to convey and didn't very well was that there are lots of other such solicitors advertising in the reputable bike press too, and I think it's probably good advice if I say check out a few of them too and make your own decision who to call.

There- that's better, much less like an advert!

Shame they sold out last year and now not everyone rides and they culled a lot of staff.

Sarsie

Keith wrote: »

Shame they sold out last year and now not everyone rides and they culled a lot of staff.

No way! :eek: For pitys sakes just when you've found something you like some toerag goes and changes it!

Still standing by the general idea to use a bike solicitor (for the sake of all the nit picking detail general solicitors don't absorb) but it just goes to prove always double check anything on a lay-persons say so!