Legal Issues between previous owner and me

[feifayiming]

Dear All,

 

I am pretty helpless in this field. Having bought a motorcycle after i just passed my license on March.

 

Excited i bought it from a person whom i believe is a nice guy who is interested in selling. So after stating the requirement ,i agreed and i made my first payment which is 35% of the total sum agreed upon. Subsequently every month i would pass him 15% for the next 5 months. Totalling of 105% where the 5 % would be for **interest + inconvenienced**

 

However before completing my payment,I met with a little mishap and was told by the shop person not to change my name to the owner as this would complicate the incident case. As a result, I am not the owner as of now,I act as a guarantor for the bike and had finished my payment to him within this 5 months; March-July.

 

In August i received a call from the bike shop and had since then been threatened with towing on bike.

 

Since then on 29/8/2012, the motorcycle has been towed. I have already reported to the police on this matter however they are closing the case concluding it as a civil case.

 

What am i supposed to do now,with no motorcycle and no money?

 

Note: I have all messages on the phone ,with him stating a message stating the payment methods.

[mechwira]

very honestly, the only way to settle the matter is to sue the fella and bring him to court. which is neither easy nor cheap.

 

your story is not clear on why it is towed. is it coz the bike still on hire purchase and the 'previous' owner failed to complete payments to the shop despite receiving payments from you?

 

as it stands, all that matters is who is the stated owner. the police is right in saying that technically no crime was committed. i am sorry to say that you entered into a private agreement on very shaky foundation, and now you have to face the consequences.

[jayz]

shldnt had done this in he first place w/o legal paper work

 

i guess your really unlucky.

 

shld hv paid full cash straight.

 

im sry for u bro. anymore advise from fellow forumer?

[revhappy]

Its not very clear, but from what the OP is saying, looks like the bike was under hire purchase with installments still remaining with shop and the arrangement b/w the new owner and old owner was that new owner will pay the old owner and old owner will pay the shop. Looks like new owner has done his part and paid up everything but old owner has not paid to shop. There is no other reason why the shop should take possession of the bike. Also still the bike is under the old owner's name.

 

If the above is true then shop is right in taking possession. Unfortunate that when you do deals on the basis of mere trust, always risk exists that one of the parties may cheat, so you should always be prepared for it or do everything black and white.

 

OP please give more details about what exactly is reason why the shop took your bike, call the shop and ask them the reason and update us. Is the old owner responding to you? What is his position on this?

 

The biggest problem is that the bike is not under your name. If it was under your name, you could have somehow settled with the shop.

 

Legally the bike is not yours anyways, so even if the shop releases the bike it will be to the old owner.

Edited September 6, 2012 by revhappy

[MotoBike]

It's another COI (add as sub-rider) type of issue. The same old thing are happening over and over again, but yet there are always someone falling for it.