He seemed a genuinely lovely chap (and to be fair, I think he is). Because of the lockdown shenanigans and the bike being the other end of the country ‘down south’ I decided to use a bike courier company to get it home. It duly arrived and it was even better in the flesh.
Thereinafter, it’s had 12 happy months being polished and ridden whenever possible. Anyways, last week I thought I would trade it in against a new Hayabusa (I like to mix it up!). However, the dealer’s HPI check revealed it had outstanding finance. I couldn’t believe it. It’s 12 years old!
After some digging it transpired the chap I got it from bought it in good faith, as did the previous guy before him. However, matey boy four owners back flogged it with outstanding finance. The finance company has now been in contact with me saying I can’t sell it. Is that right? Help!
In short, I am afraid I do not have good news. Whilst I am sure he did not do it deliberately, the chap from ‘down south’ who sold you the bike did not have ‘good title’, to use a legal phrase. In other words, he sold you something that did not belong to him, i.e., because the finance company is still owed money.
With this in mind, despite paying your hard-earned money, you do not have ‘good title’ either. Therefore, you cannot sell the bike. I suspect the only option open to you is to try and get your money back from the person who sold you the bike. If he will not give it to you, you may have to issue Court proceedings against him. He, in turn, may have to go after the person before him and so on until they get back to the scumbag who sold the bike with the finance outstanding originally.
However, to be blunt, their problem is not yours to deal with. I am genuinely gutted to have to give you that news as you did everything in good faith. Whilst it is easy to say now, it is always worth paying for an HPI check, even on an older bike, just in case.
More Bikes June 2021