FabSwingers.com > Forums > The Lounge > Any Bikers, Mechanics, Legal People? I need advise befor 12pm tomorrow!?
Any Bikers, Mechanics, Legal People? I need advise befor 12pm tomorrow!?
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"Just a thought, have you checked this christian site out to check they are legitimage and its not just a scam to get rid of stolen stuff" Funnily enough I did read about a spate of burglaries in Liverpool where crucifixes were found at the scene...  | |||
"Also i believe that even in a private sale the goods have to match the description and your bike doesnt as the engine has been changed so i think you might have some legal recource against the seller." Indeed, just because it is a private sale doesn't mean the transaction is exempt from legislation concerning fit for purpose, merchandisable quality, etc. I would suggest that your bike was not fit for the purpose - your purpose was to tax it, insure it, and ride it, which you cannot now do. The seller needs to refund, and you need to tell him this in writing. There is also the possibility that you can go for rescission of the contract and enforce, through litigation if needed, the placing of both parties to the transaction back into the position they were in before the sale, which in your case means getting your money back. | |||
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"When you say a dealer, what exactly do you mean? because dealers cannot state sold as seen, only private sellers can. You really should have had your own hpi check done before parting with the cash? although when buying a bike car, the first thing you should do is check the numbers match the V5. It's whether the engine is legit thats the problem, if it is, then its simply just a case of returning the V5 with the new engine number to have it changed. The civil courts would be the way to go if you get nowhere with the seller." It was being sold in a dealership as a private sale for the church upstairs, the bloke said save my name as ohnest in you phone, the cheak! | |||
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"You could try a small claims court, because I do not think this is a criminal offence, (The bike was sold as seen). As for the engine change, there is nothing wrong with this as DVLA get notified of this. it sux, and being a church / christian organisation, they should do what Jesus would have done, and refund your money. "whatsoever ye would that men should do to you, do ye even so to them" Mathews 7:12. "Was Jesus a motorbike salesman too?, feckin' hell he kept himself well busy. | |||
"Hellooo! I wonder if anybody can help? I bought a motorcycle about 5 weeks ago, sold as seen from a dealer in widnes. Above the dealer is a born again Christian church who are also bikers. The bike a bought was 1 of 2 yamaha xj600 diversions, (I know its not the best bike in the world but I still had to save up and part with my hard earned cash!) Which was donated to the church to raise money. The receipt I have has the blokes name on, date, bike, reg, price, and sold as seen. The dealer below the church gave it a full 12 month mot 2 days after I rode it away. Since then I've done about 1000 miles and the bike now has a petrol leak, the pipes are blowing and something else needs tightening up. Fair enuf sold as seen ect, I went to sell it to a dealer today cos I wanted to get rid off it, we agreed a price, shook hands and when I went back 2 hours later with my V5 he had HPI checked the bike and the engine number was different to the number on the documents. So, I carnt sell the bike and neither cud the dealer, he said its illegal for me to sell the bike like this? So was it illegal for the dealer to mot the bike with the 2 differnt engine numbers? Is it illegal for me to ride it, is my insurance void? The born again christain that I bought it off through the shop as a private sale said he is not in the position to offer me a refund. Is there anyway I can trip them up and back them into a corner with some legal technical stuff? Any help would be greatly appreciated. Thank you, Dan! "As you bought it from a dealer Trading Standards are the peolpe to contact. You'll find their number in the local phone book or yellow pages. They will help you at no cost. You may even be able to get a full refund. No shop likes trading standards being involved, as we have found out. Hope this helps and good luck xx | |||
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"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about." What??? | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What???" I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash." Unless of course they are not VAT registered.... | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. Unless of course they are not VAT registered...." true | |||
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"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. Unless of course they are not VAT registered...." a motorcycle dealer not VAT reg? I think not, unless they dont sell bikes or do many repairs! LoL demand that they return ALL your money + any out of pocket expences you hav had! If they refuse call the police,even if they did act as an agent for a 3rd party they are motor dealers and had a duty yo ensure that the vehicle they sold conformed to the V5 (I do believe)  | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. Unless of course they are not VAT registered.... a motorcycle dealer not VAT reg? I think not, unless they dont sell bikes or do many repairs! LoL demand that they return ALL your money + any out of pocket expences you hav had! If they refuse call the police,even if they did act as an agent for a 3rd party they are motor dealers and had a duty yo ensure that the vehicle they sold conformed to the V5 (I do believe) "It was a private sale, in which case VAT doesn't come into it... | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. Unless of course they are not VAT registered.... a motorcycle dealer not VAT reg? I think not, unless they dont sell bikes or do many repairs! LoL demand that they return ALL your money + any out of pocket expences you hav had! If they refuse call the police,even if they did act as an agent for a 3rd party they are motor dealers and had a duty yo ensure that the vehicle they sold conformed to the V5 (I do believe)
It was a private sale, in which case VAT doesn't come into it..."It was from a dealer, thus not a private sale | |||
"You say you got a receipt, but did you pay cash ? In other words, there was no invoice ? If so, this is something the Inland Revenue would be very interested in hearing about. What??? I think he means that the dealer may be avoiding declaring VAT if there is no invoice and he paid cash. Unless of course they are not VAT registered.... a motorcycle dealer not VAT reg? I think not, unless they dont sell bikes or do many repairs! LoL demand that they return ALL your money + any out of pocket expences you hav had! If they refuse call the police,even if they did act as an agent for a 3rd party they are motor dealers and had a duty yo ensure that the vehicle they sold conformed to the V5 (I do believe)
It was a private sale, in which case VAT doesn't come into it...
It was from a dealer, thus not a private sale"The OP clearly states within the thread that is was a private sale.... | |||
"I bought a motorcycle about 5 weeks ago, sold as seen from a dealer in widnes. " | |||
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"It's like a mechanic at your local garage selling you a car he owns, he can display it within the garage premises for sale providing he doesn't claim to be the garage owners conducting the sale. " That depends very much on how the vehicle was displayed for sale. If it was included with any other items offered for sale by the garage owner it is reasonable for the purchaser to assume that it is not a private sale. It is the duty of the garage owner to ensure that vehicles sold through his outlet are his own goods and not someone else's. | |||
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""Although it was a private sale the garage was heavily involved"..... Not the same as the garage selling the bike as part of their business" I believe that the fraud/theft laws were changed to deal with motor dealers being "involved in the sale of ringed vehicles" while claiming that they were not the sellers. I am pretty sure that all motor dealers have a statutory duty to ensure that ANY vehicle that they are involved in the sale of is legal and that the paperwork is in order. I am sure a quick call to your local traffic unit garage sergeant will clarify the law.
PS. A bike shop that sells motorcycles is a motor dealer as motorcycles ARE motor vehicles | |||
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"The OP clearly states within the thread that is was a private sale...." Private sale or not, the Inland Revenue will be interested in somebody taking cash, which implies it is not going through the books or being declared. As for VAT, an individual who supplies the same goods and services privately that his business also supplies is of interest to the authorities. After all, why should any business charge VAT and pay corporation tax, they could just say it was a private supply ! | |||
