Hi, I and my wife have suddenly found ourself in the following situation. I`ll try to explain this as short as possible. My wife split up with her boyfriend 2 years and a bit ago. She agreed with him to keep her bike she bought when they lived together at his address, as she did not have a place to keep it safe, until she decided to pick it up. The time is right now, but her ex-boyfriend now simply does not want to give it away. They never agreed anything about any fees, but now he(her ex) wants to charge her for keeping the bike at his address - he asks us for money towards his home insurance(that apparently covered her bike as well), money for electricity, petrol etc... We were first reluctant, as nothing was agreed before, but after thinking about the situation, we agreed we would pay him, what he asked for. But the thing is, we don`t believe him and he keeps telling us, the bike is his as he kept it in his storage for three years (first year my wife and her ex were still in relationship) and he mentioned he THOUGHT my wife would leave it to him. We asked the police, if the bike is still registered to my wife, and it is (the funny thing is, we don`t even know the reg number, as her ex kept all the documents when they lived together). Long story short, I wrote him that we would pay the money but we would have to see the bike first. What a surprise, he did not agree and asked ME to pay him via bank transfer and after he would tell me where to pick up the bike! What a joke, now we don`t believe the bike even exists. So finally, the question - what can we do about the situation and how to resolve it? Is he within his rights to keep the bike? Any ideas are welcome, bad or good.
If you don't have the documents and don't even know the reg how can you prove the bike is hers ?. If you can find out the reg make and model just point out you will report the bike as stolen. If the police have said a motorcycle is registered to her but will not give you the details due to the data protection act you will have to get a solicitor involved. Forget going down the being nice road tell him you have spoken to the police and are taking legal action and you will be asking for all costs from him. Point out that could run into thousands. He may just rethink and hand the bike over. Or you could just go round with a few mate and take the bike back
A few mates option is unfortunately not possible, he's got cameras around and police could easily suspect me and my wife, as we have already spoken to police to get some advice...and were told the bike is registered to her, and because of data protection as you said, the reg could not be revealed, only to solicitor if this ever gets to the court. The advice needed is...does this case have any chance of a success? What about the three years the bike was in his storage? Does the bike belong to the person storing the bike or the registered owner? We are getting confused. We would really like to take this to the court, but we need some heads up, that we would recover all the cost, otherwise it does not really make sense.
First thing you need to do is get legal advice....if you go to you local Citizens advice bureau and speak to them, it's free and if they can't help then you can try a solicitor
I think it is 6 years without any payment before he can claim legal ownership just go to a solicitor get them to apply for the details though the DVLA if the bike is in her go round to collect it if he refuses call the police let them deal with him its cheaper
I'd go for the 'heavy' option. So what if he's got cameras? Your only 'collecting' your own property (if you've got proof). Notify the police that you intend to 'collect' your property in advance As long as you don't damage his premises, he's got nothing to get you on, except maybe trespass, which is a civil offence, which he will have to pay to prosecute.
Other than that, if the bike isn't valuable just walk away and buy another one. It could cost you several thousand in legal fees if its contested...save yourself the money and the stress....
The ex may be being awkward but two wrongs do not in any way resolve this situation!
I read it as they have no proof, no paperwork. The bike maybe registered in her name, but where is the proof. She doesn't know the bike reg!. Talking about court costs etc is premature.
If you can't afford a solicitor (usually you will only need to pay one hour to find out if there is a case) then go to the CAB (usually at your locall town hall). Their advice is free.
How much is the bike actually worth, as opposed to the "rent" being asked, has it been looked after properly, all sorts of questions need to be answered.
I would ask one thing though ...do you want a bike that has links to the past? If you are prepared to walk away if the cost of recovery is too great, then you have to really think about why you want the bike and the emotional issues that goes with it.
CAB adviced nothing, only help was getting the reg from DVLA, through Sensitive Case and get a solicitor. Local County Court civil matters servant adviced to pay the guy on exchange - money for bike, because the bike is not apparently worth much (1500-1600) and legal costs could run into thousands (1 letter = £200). Heavy option could cause more problems later(it is too late now). The bike will be put up for sale anyway, there is no emotional attachment issue. And we are definitely not walking away, that is out of the question. And she is the owner, she bought it and the bike is in her name. And police told us this is a civil matter, they could do nothing. BTW, thanks for comments, all helped a bit.
If your wife owned the bike then surely she also insured it? Even if policy has lapsed, surely there's a broker or email trail that would provide the registration and other details necessary to just apply to DVLA for a replacement V5 - but make sure you also advise a new address for it to be sent to. That then gives you more credentials. Complicated issue, good luck.
No, it is even more complicated - she has never insured it. She bought it to start learning and get the licence, but unfortunately in a very bad time - they split up shortly afterwards.
The simple answer is to get the details of the REG then speak to the cops and say that this fella has the bike and it is registered to your lass. Tell the cops to speak to the ex and if he doesn't give the location then you want it reported as stolen.
the cops will then speak to Ex to locate the bike and return it to it's owner. Keeping property that is not yours is theft and it is a Police matter. Also make sure you show the cops the text, letter or any information to show that he said he has the bike. if he then turns around and said not got it then the cops can say they have seen his comments.
If this doesn't work then you either have to go to court or suck up the loss. The other thought I have is if you can get the reg then contact the DVLA and have the address swapped over to current abode.
How ever was it SORN'd? you could also end up explaining to DVLA as to why it was not declared off road etc that can lead to a fine and costs.
Your wife isn't the only person I've come across in a similar position after a relationship break-up. Trouble is that a V5 has, in big letters, the message THIS DOCUMENT IS NOT PROOF OF OWNERSHIP on the front. You could try the small claims court. Get the forms, fill them in, and see what happens. They're designed for people pleading their own cases, rather than using lawyers at anything over £150 an hour. Good luck!
You don't know me, you know nothing of my past. You certainly are not privy to anything I have arranged, organised or taken active part in. I certainly don't feel the need to brag in an open forum about what I "might"have done.
sorry to say that he can charge you storage costs if he has kept it for you under your request (you did say you ask him to keep it for you ) he can not keep the bike unless you refuse to pay for the storage but this is not as easy as it was 10 years ago when if you had a bike shop come get your bike after a crash and thy would charge you for keeping it till it got more than the bike was worth so just keep the bike you know as a storer of bike have to have a licence and the Wright paper work so if it was me i would tell him he can buy the bike from you less the storage and take it from there see what he comes back with
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