as some of you may know i was given a bike by a friend about 5 months ago my ex hubby picked it up for me. now he is refusing to give it me back till i pay him £100 expenses and £100 a month for storage. he has all the paper work for it also. i do how ever have a signed letter from my friend saying it was given to me and no paperwork was signed by him.
my problem is do i wait for the solicitor to sort it or should i go with a couple of mates and pick it up?
I am certain non of the guys would advocate violence in anyway I agree with the taking of friends and I am sure what the guys meant to say was so that you could be accompanied on riding the bike back so your 1st ride was safe, also they could have a look over the bike for you before setting off, or could pick it up for you :-)
On another note quite right any 'fees' storage etc should have been agreed before hand and in the absence of any form of contract means he can swing!
Most lawyers will do a free half or hour consultation and some after this will issue a solicitors letter ... I would advise you start there, tge only reason being he has the paperwork so could try selling the bike and say you asked him to to pay these 'fees' and you want a letter telling him that he cannot do that.
I don't think the signed letter is of any weight legally, but if the person you got the bike off were to accompany you to a Police station and explain that he has your bike and that it is rightfully yours AND you can prove it they may be able to intervene perhaps.
I think turning up with several hairy bikers may make him call the Police on you but not sure that he has a legal footing to charge storage fees if he isn't a registered company.I would go to the Police first off and see what they say if you haven't already?
It's not just a signed letter it's got all his details . Bear in mind the cheek of all this to. He owes me 3.5k for a car I paid the deposit on. Funny thing is the bike prob only worth about 500 in it's present condition anyway
I'm no expert but my understanding of the law is that the registered keeper of a vehicle does not necessarily mean they are the legal owner. As you are the legal owner, by not letting you have the bike he has in effect stolen it and can be charged accordingly. If the registration certificate has been sent off in your name you are liable for any motoring offences that take place and will have to prove that you were not riding the bike at the time. Personally I would report it as stolen and inform the police of the address where the vehicle is and let them recover it for you.
he would av registered it in his own name. and its not on the road or wasnt and knowing him ..... fat and lazy it still wont be but i know rob didnt sign anything coz he was gonna come over and do it so it should be still registered in robs name
U say your ex hubby picked it up for you, something has seriously gone from him kindly picking it up to him trying to blackmail you my suggestion is go through the correct (non volence) channels but at 500 quid is it worh it. there is also the ' nothing more dangerous than a woman scorned' route, good luck.
update.............. just rang my solicitor ... i have been informed that i should send him a letter asking him to arrange a convienient time for me to collect the bike ......... legally he can not charge for storage as its his mums house and he does not pay for the garage and can only charge for reasonable expences petrol costs incured picking the bike up......... so may be back for help collecting it when he gives me a date cheers lovely people xx
Hiya ronnie huni, good advice above - rise above the temptation to batter his lights (eyes) in , you have sought advice from your solicitor so go down that route - you will come off better in the end - Good Luck huni xxxx
He seems the type of bloke who'd invent a garage-rental agreement with his mum. Try to cover every angle whilst letting on as little as poss.. If he plays up just turn up at 6.00am and take the bike - straight in, onto the van, away. If he strops claim you've already given him £50 in cash, just to stick it to him.
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