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  • FIRST POST
    • LuckyEddy56
    • By LuckyEddy56 6th Aug 18, 9:06 PM
    • 14Posts
    • 2Thanks
    LuckyEddy56
    The seller now wants more money
    • #1
    • 6th Aug 18, 9:06 PM
    The seller now wants more money 6th Aug 18 at 9:06 PM
    I bought a motorcycle cheaply from a nice old lady who's son had left it sitting in her garden for years. I made an offer, the old lady told me she would consult her family to check if the offer was acceptable, she said she had checked and that it was. Now, after I got the bike through the MOT without having to spend much, her granddaughter has contacted me saying she wants more money or the bike back and that the old lady never had the right to sell it to me, also, as the old lady and I both signed the V5 in the names of someone else, ( I signed it in my sons name as I was buying it for him, she signed it in her sons name as he is disabled and unable to deal with it himself), the granddaughter is also threatening to report the bike as stolen if I don't pay her more or give the bike back. I don't know where I stand ? Can someone please advise me what to do? Thank you.
Page 4
    • shaun from Africa
    • By shaun from Africa 10th Aug 18, 10:59 AM
    • 10,467 Posts
    • 11,808 Thanks
    shaun from Africa
    The previous poster referred to common law, i.e. NOT statute law. Those statutes to which you do not apply: the SOGA and CRA apply to traders, not private sales. The other quote refers to "a mercantile agent", which the granny patently was not.
    Originally posted by Car 54
    Incorrect.
    The SOGA applies to both traders and private sellers. It's just that not all parts of it apply.
    Sections 12 (the right to sell the goods) and section 13 (goods to be as described) apply to all sales whether by a business or private seller.
    • Karma123
    • By Karma123 24th Nov 18, 1:11 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    Firstly I would like to clarify that my dad had a stroke in July 2016.

    Previous to this he was fit and healthy. He rode his bike everyday. So definitely not ready for the scrap heap any time soon.
    The reason we kept it for so long was because my self and my siblings hoped my dad would recover. Sadly this was not the case. He will never speak again let alone ride he bike.

    Eddie took advantage of an old lady of 81yesrs old. Who no longer could look at a reminder that her son will never be the same.

    A year before he offered £1500 which we declined as he wanted to £100 a month as we do not know him we didnít knie if he would pay and wanted to take the bike upfront. So if anyone was try to fill any one it wasnít the nice old lady and her granddaughter.

    When he went to my nans he turned up with £300 and told her thatís all it is worth : she asked for more money he said NO, he knew she was vulnerable and didnít have a clue about bikes. Said he didnít have any more money and it wasnít worth more than that.

    The thing is we only sell his items to help pay for his treatment. Such as speak therapy and a personal trainer. Any more we get we use to help him.

    Basically EDDIE has robbed a disabled man and an elderly lady.

    I believe in Karma..... actually he got her to sign the paper work so he could get away with day light robbery. as my dad is under the court of protection. Which means he canít sign anything or make decisions and I am the only person. Who can legally do that.

    We went to the police and basically my Nan would be arrested because of his despicable behaviour.

    I know I can sleep at night. I hope what happened to my dad doesnít happen to him and some robs his family and takes away funds that he need to get better.
    • Karma123
    • By Karma123 24th Nov 18, 1:15 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    Karma123 Firstly I would like to clarify that my dad had a stroke in July 2016.

    Previous to this he was fit and healthy. He rode his bike everyday. So definitely not ready for the scrap heap any time soon.
    The reason we kept it for so long was because my self and my siblings hoped my dad would recover. Sadly this was not the case. He will never speak again let alone ride he bike.

    Eddie took advantage of an old lady of 81yesrs old. Who no longer could look at a reminder that her son will never be the same.

    A year before he offered £1500 which we declined as he wanted to £100 a month as we do not know him we didnít knie if he would pay and wanted to take the bike upfront. So if anyone was try to fill any one it wasnít the nice old lady and her granddaughter.

    When he went to my nans he turned up with £300 and told her thatís all it is worth : she asked for more money he said NO, he knew she was vulnerable and didnít have a clue about bikes. Said he didnít have any more money and it wasnít worth more than that.

    The thing is we only sell his items to help pay for his treatment. Such as speak therapy and a personal trainer. Any more we get we use to help him.

    Basically EDDIE has robbed a disabled man and an elderly lady.

    I believe in Karma..... actually he got her to sign the paper work so he could get away with day light robbery. as my dad is under the court of protection. Which means he canít sign anything or make decisions and I am the only person. Who can legally do that.

    We went to the police and basically my Nan would be arrested because of his despicable behaviour.

    I know I can sleep at night. I hope what happened to my dad doesnít happen to him and some robs his family and takes away funds that he need to get better.
    10-08-2018 10:59 AM
    • Karma123
    • By Karma123 24th Nov 18, 1:21 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    Eddie is the scammer
    Karma123 Firstly I would like to clarify that my dad had a stroke in July 2016.

    Previous to this he was fit and healthy. He rode his bike everyday. So definitely not ready for the scrap heap any time soon.
    The reason we kept it for so long was because my self and my siblings hoped my dad would recover. Sadly this was not the case. He will never speak again let alone ride he bike.

    Eddie took advantage of an old lady of 81yesrs old. Who no longer could look at a reminder that her son will never be the same.

    A year before he offered £1500 which we declined as he wanted to £100 a month as we do not know him we didnít knie if he would pay and wanted to take the bike upfront. So if anyone was try to fill any one it wasnít the nice old lady and her granddaughter.

    When he went to my nans he turned up with £300 and told her thatís all it is worth : she asked for more money he said NO, he knew she was vulnerable and didnít have a clue about bikes. Said he didnít have any more money and it wasnít worth more than that.

    The thing is we only sell his items to help pay for his treatment. Such as speak therapy and a personal trainer. Any more we get we use to help him.

    Basically EDDIE has robbed a disabled man and an elderly lady.

    I believe in Karma..... actually he got her to sign the paper work so he could get away with day light robbery. as my dad is under the court of protection. Which means he canít sign anything or make decisions and I am the only person. Who can legally do that.

    We went to the police and basically my Nan would be arrested because of his despicable behaviour.

    I know I can sleep at night. I hope what happened to my dad doesnít happen to him and some robs his family and takes away funds that he need to get better.
    10-08-2018 10:59 AM
    • Karma123
    • By Karma123 24th Nov 18, 1:23 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    The only crime committed is that you stole for a disabled man who needs money for treatment.
    Karma123 Firstly I would like to clarify that my dad had a stroke in July 2016.

    Previous to this he was fit and healthy. He rode his bike everyday. So definitely not ready for the scrap heap any time soon.
    The reason we kept it for so long was because my self and my siblings hoped my dad would recover. Sadly this was not the case. He will never speak again let alone ride he bike.

    Eddie took advantage of an old lady of 81yesrs old. Who no longer could look at a reminder that her son will never be the same.

    A year before he offered £1500 which we declined as he wanted to £100 a month as we do not know him we didnít knie if he would pay and wanted to take the bike upfront. So if anyone was try to fill any one it wasnít the nice old lady and her granddaughter.

    When he went to my nans he turned up with £300 and told her thatís all it is worth : she asked for more money he said NO, he knew she was vulnerable and didnít have a clue about bikes. Said he didnít have any more money and it wasnít worth more than that.

    The thing is we only sell his items to help pay for his treatment. Such as speak therapy and a personal trainer. Any more we get we use to help him.

    Basically EDDIE has robbed a disabled man and an elderly lady.

    I believe in Karma..... actually he got her to sign the paper work so he could get away with day light robbery. as my dad is under the court of protection. Which means he canít sign anything or make decisions and I am the only person. Who can legally do that.

    We went to the police and basically my Nan would be arrested because of his despicable behaviour.

    I know I can sleep at night. I hope what happened to my dad doesnít happen to him and some robs his family and takes away funds that he need to get better.
    10-08-2018 10:59 AM
    • Karma123
    • By Karma123 24th Nov 18, 1:25 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    We did not agree the offer we were on holiday.

    Maybe EDDIE should try using facts instead of lies.
    • facade
    • By facade 24th Nov 18, 6:48 AM
    • 3,605 Posts
    • 1,891 Thanks
    facade
    Basically EDDIE has robbed a disabled man and an elderly lady.
    Originally posted by Karma123

    No, he paid what it was worth to him, in its then current condition. A scrap merchant would have taken it away and given nothing.



    The reason it is worth more than £300 now is because of the time effort and money he invested into it.




    If you had paid professionals to restore the 'bike and then advertised and sold it, or sold it to a dealer for its restored value to the trade, likely you wouldn't have even ended up with £300 after you had paid everyones fees.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Herzlos
    • By Herzlos 24th Nov 18, 6:53 AM
    • 8,597 Posts
    • 7,896 Thanks
    Herzlos
    How much do you think the bike was actually worth at the time it was sold?
    Was your nan put under any pressure to sell the bike?
    • angrycrow
    • By angrycrow 24th Nov 18, 8:54 AM
    • 611 Posts
    • 434 Thanks
    angrycrow
    So a year before the bike was worth £1500 had good battery, good chain, good tyres. Role on a year of being sat unused the tyres battery and chain are now scrap and need replacing. These are not free, we don't know the make of bike but that's at least several hundred in parts alone. Then the brakes and steering need servicing to make it safe, engine needs servicing. Then it needs to be taken for Mot. All of this either costs money in garage labour or the op's time. The op also had to factor in the risk that after a year standing the bike may have had unrepairable faults and he would lose his £300.

    What would a garage have charged to restore the bike.
    • Aylesbury Duck
    • By Aylesbury Duck 24th Nov 18, 1:11 PM
    • 2,464 Posts
    • 3,280 Thanks
    Aylesbury Duck
    If you believe in karma, just leave karma to sort it out for you. I don’t think either side has covered themselves in glory to be honest but I cannot see how the OP forced your grandmother to sell the bike, she was clearly a willing party, even if a little uninformed.

    I hope your father’s health improves, even if he’s unable to recover fully. I think it’s a good idea to chalk this mess up to experience and move on from it, otherwise it will eat away at you when you have much more important things to deal with.
    • AdrianC
    • By AdrianC 24th Nov 18, 4:35 PM
    • 19,627 Posts
    • 18,201 Thanks
    AdrianC
    There's always two sides. Let's look at the middle view...


    We're talking about a motorcycle that was last ridden nearly 2.5yrs ago.
    It's been sat outside since.

    There's consensus that there was an agreement in principle to sell it, for £1,500, but paying by instalments (whether of £100 or £200/mo) wasn't acceptable - the date is unclear, but it's between one and two years ago.

    The buyer says the owner's mother was "glad to see him", and voluntarily told him that it was heading for scrap, and to make any offer. He offered £300. That was accepted. The owner's daughter was not present for that conversation, but seems adamant that it progressed very differently - the buyer offered £300, the mother insisted on more, then accepted it anyway.

    Taking all the appeal to sentiment away, this really does appear to be a question over the right to sell. If the owner doesn't have capacity to decide, and the court of protection have appointed the daughter as the only deputy, then there's a strong case that the mother did not have the right.

    The police, apparently, are of the same opinion.
    We went to the police and basically my Nan would be arrested because of his despicable behaviour.

    So how to move forward...? Will a court order the sale to be unwound? Unlikely, not least because the item is not available to be refunded in the same condition it was purchased. And does the daughter really want it back anyway?

    So this is simply a dispute over the monetary value. If the bike was still road-legal and roadworthy at the time the concept of a sale for £1,500 was seemingly agreed, then it seems eminently likely that £300 is a reasonable value after an extended period of open-air storage, no longer road-legal or roadworthy. So what are we actually arguing over here? A hundred quid or two at most? And this is the biggest priority for those involved in the care of this poor guy...?

    Internal contradictions in the daughter's account notwithstanding, this appears to be primarily a domestic between the owner's mother and daughter, and the buyer's just copping the flak. Sort it out, and focus on priorities.
    • Bedsit Bob
    • By Bedsit Bob 24th Nov 18, 4:52 PM
    • 10,409 Posts
    • 56,555 Thanks
    Bedsit Bob
    Did you get her to sign a receipt?
    1984 WAS NOT AN INSTRUCTION MANUAL.

    Amount I have so far denied the BBC - £1308

    You can't be a Christian AND a Socialist.
    • Karma123
    • By Karma123 25th Nov 18, 4:03 AM
    • 6 Posts
    • 0 Thanks
    Karma123
    Exactly basically robbed a disabled man and a vulnerable old ladt
    Yes he bight for 1 / 10th if itís value as he knew he could blind side and elderly lady of 80.

    That money was needed to support my dads treatment.

    All he could think about was himself and how he could make a few pounds.

    I believe in karma and eventually it will catch up with you and your son.

    You will know when it does and when it does you will regret your conniving vemtictive choices:


    We all have choices and EDDIE chose to rob a disband man of his treatment for his own gain.

    Letís hope you donít havw a stroke a severe as my dads.

    I can copy in the court of protection paper work and my dads scans to show how cruel life can be and even more so how cruel people can be like Eddie when others are vulnerable.

    Well done. Eddie you must be so proud of yourself:

    Just goes to show how you knew you were In the wrong lying and seeking strangers gratification for your dispicable behaviour......

    Sleep well
    • duchy
    • By duchy 25th Nov 18, 5:31 AM
    • 18,245 Posts
    • 46,530 Thanks
    duchy
    In which case , things have changed since I left the job
    Originally posted by ttoli
    How long ago did you leave ?
    Four years ago we were broken into whilst we slept and they stole my car keys and took the car. My husband was on earlys so saw the car was gone just after 4 am - and called Kent police. The car was pulled over 15 minutes later by the Met so not only was a phonecall enough to get it on the system but also cross forces.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
    • Marvel1
    • By Marvel1 25th Nov 18, 7:56 AM
    • 3,693 Posts
    • 4,094 Thanks
    Marvel1
    Yes he bight for 1 / 10th if itís value
    Originally posted by Karma123
    He should have paid the same value as if it was in perfect condition?
    • Aylesbury Duck
    • By Aylesbury Duck 25th Nov 18, 8:28 AM
    • 2,464 Posts
    • 3,280 Thanks
    Aylesbury Duck
    Yes he bight for 1 / 10th if it’s value as he knew he could blind side and elderly lady of 80.

    That money was needed to support my dads treatment.

    All he could think about was himself and how he could make a few pounds.

    I believe in karma and eventually it will catch up with you and your son.

    You will know when it does and when it does you will regret your conniving vemtictive choices:


    We all have choices and EDDIE chose to rob a disband man of his treatment for his own gain.

    Let’s hope you don’t havw a stroke a severe as my dads.

    I can copy in the court of protection paper work and my dads scans to show how cruel life can be and even more so how cruel people can be like Eddie when others are vulnerable.

    Well done. Eddie you must be so proud of yourself:

    Just goes to show how you knew you were In the wrong lying and seeking strangers gratification for your dispicable behaviour......

    Sleep well
    Originally posted by Karma123
    Your gran didn’t sell it for a tenth of it’s value. It was worth whatever someone was prepared to pay for it in the condition it was in. If you needed the money from its sale to fund your father’s expenses, you had two choices. 1. Sell it for whatever you could get for what was basically a semi-scrap bike, or 2. Spend money on it bringing it up to roadworthy condition and hope that someone would come along and buy it at its roadworthy value.

    Your gran chose 1. Had you elected for option 2, there was no guarantee that anyone would buy it even after you’d spent money on it and you'd be worse off. Option 1 at least gave you cash in hand. Option 2 was more speculative.
    Last edited by Aylesbury Duck; 25-11-2018 at 9:39 AM.
    • waamo
    • By waamo 25th Nov 18, 9:24 AM
    • 4,878 Posts
    • 6,315 Thanks
    waamo
    Given the gran had no right to sell it the simplest solution would be to return the bike and have the gran arrested.

    That way the purchaser will have done nothing wrong and the latest poster will have no complaints.
    This space for hire.
    • Herzlos
    • By Herzlos 25th Nov 18, 1:44 PM
    • 8,597 Posts
    • 7,896 Thanks
    Herzlos
    Yes he bight for 1 / 10th if itís value as he knew he could blind side and elderly lady of 80.
    Originally posted by Karma123

    He bought it for £300, so do you think it's worth £3000 and can you back that up with anything? By all accounts its been sat unused for at least a year.


    If it was indeed waiting to go to scrap, then you got at least £250 more for it than you otherwise would have.



    Given the gran had no right to sell it the simplest solution would be to return the bike and have the gran arrested.

    That way the purchaser will have done nothing wrong and the latest poster will have no complaints.
    Originally posted by waamo

    That's true. Assuming the selling party is willing to reimburse the buyer for the time and expense in restoring the bike?
    • societys child
    • By societys child 25th Nov 18, 2:36 PM
    • 5,637 Posts
    • 6,315 Thanks
    societys child
    Originally Posted by Karma123
    Basically EDDIE has robbed a disabled man and an elderly lady.
    What a load of cobblers. Might even be slanderous . .


    So your the grand daughter in question
    Last edited by societys child; 25-11-2018 at 2:40 PM.

    • waamo
    • By waamo 25th Nov 18, 3:06 PM
    • 4,878 Posts
    • 6,315 Thanks
    waamo
    He bought it for £300, so do you think it's worth £3000 and can you back that up with anything? By all accounts its been sat unused for at least a year.


    If it was indeed waiting to go to scrap, then you got at least £250 more for it than you otherwise would have.






    That's true. Assuming the selling party is willing to reimburse the buyer for the time and expense in restoring the bike?
    Originally posted by Herzlos
    The buyer would be in a good position to sue the seller, especially if they were convicted in criminal proceedings.
    This space for hire.
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