Lied to about HPI and bike being stolen

[Chewy1973]

Hi I've been looking around on ebay for a couple of months for a used Yamaha R6 motorcycle.

I came across a ad for a 2007 Yamaha R6 the seller had good feedback 550 + and the photos all looked good.
I phoned the number and asked all the relevant questions was the bike in his name - YES was the bike HPI clear - YES was it taxed to which he said no it was sorn.
I asked if the bike had ever been stolen or damaged again He answered - No

so thought ok all sounds good so asked how he wanted me to pay for it and could I get a courier to collect as I was 200 miles away he said no problem.

I was at work at the time so was very rushed I asked him for his full name and address and telephone number which he gave me so checked on 192.com and yes was all correct.


I then proceeded to make a bank transfer of £3200 and arrange for a courier to collect it from his home address, I phoned him to say the funds were there he checked and confirmed they where I also asked for the registration so I could insure the bike this is where the problems started.


My insurance did a free HPI check for me and informed me the bike was insurance stolen and wouldn't insure me.
I've never heard of this before as normally when a vehicle is stolen the police are informed too.

I contacted the seller and informed him the bike was down on the HPI as insurance stolen which basically means the bike belongs to the insurers and not the seller.
He said oh that's on there is it I thought that had been sorted out to which I replied you told me bike was all ok never stolen not on the HPI.
I've spoken to the police and to the bank who can't do anything as the bike hasn't been reported stolen to them but the insurers could turn up at any point and take the vehicle away.

I asked the seller for a refund as I believe the bike to be misrepresented and this is the worst one says he had already spent the money 1 hour after paying.
I've spoken to the dvla who also inform me the bike isn't in his name but is showing as trade.
The seller confirmed this saying he uses a traders policy for his insurance and is therefore a trader.

I have not collected the bike as I'm not having stolen goods at my house the bike is still with the seller.

What do you think I should do next.

Regards Paul

[Chewy1973]

Re: Lied to about HPI and bike being stolen

Further to this the seller has just text me saying he's going to push the bike out into the road and leave it there demanding my name and address to send the V5 off.
Any help would be great guys I really don't know what to do as it's 200 miles away.

[bluebottle]

Re: Lied to about HPI and bike being stolen

Did this rodent state he was a trader when he advertised the bike on ebay? There is legislation that requires traders to declare this in advertisements. Pretending to be a private seller when you are, in fact, a trader is an absolute no-no.

As for the bike's current status, i.e. insurance stolen, ask your insurers to confirm which insurer has title to the bike and did they know the seller had possession of it and did he have their authority to sell it. If not, the rodent may be in big trouble.

What your local police told you is cobblers. When a vehicle is reported as suspect/stolen, it is normally on the Police National Computer (PNC) within 48 hours. Any police officer in the UK asking for a PNC check on the Vehicle Registration Mark (VRM) would be able to check its status.

Get the necessary information from the insurer who legally owns the bike, find out which police force took the original report when the bike was reported stolen, then come back onto this thread.

[Chewy1973]

Re: Lied to about HPI and bike being stolen

No he did not say he was a trader but did say it was in his name under trade is that even legal if he's a private seller ?
Thanks I spoke to the police who told me the bike wasn't reported as stolen on there system and the HPI also reports the police have no interest in it it's the insurance company that have put the mark on the bike as insurance stolen also says they may repossess at any time.

After speaking with my insurance they say they can't give me that information but say HPI have filled a report with the insurers to see what's going on.
It's all hassle I don't need I'm very stressed and it's affecting my health all I want is my money back.

[enquirer]

Re: Lied to about HPI and bike being stolen

It is difficult to believe that an insurance company would pay out in the absence of a crime number.

[Chewy1973]

Re: Lied to about HPI and bike being stolen

It is difficult to believe that an insurance company would pay out in the absence of a crime number.

I thought that too what's been suggested is the bike was stolen then recovered so the police tag was removed the insurance paid out and the owner kept and sold on the bike but the HPI mark was never removed as normally this would then become a cat c cat d or insurance loss on the HPI register.
Problem I've got is the seller knew this and misrepresented the bike and I don't want a bike that's on the register.

[enquirer]

Re: Lied to about HPI and bike being stolen

Do you have anything to prove that the seller said that it was HPI checked and clean?

[bluebottle]

Re: Lied to about HPI and bike being stolen

If the seller knew the status of the bike and failed to disclose, then this could amount to misrepresentation. Find out what comes back from the insurer who has legal title to the bike and take it from there.

[Chewy1973]

Re: Lied to about HPI and bike being stolen

Thanks for your help guys I had a nice long discussion with the CAB who confirmed he's been a naughty boy indeed.
I have written a letter for a refund and have asked him to provide his trade name and address and a copy of the letter of ownership from the insurers both of which I doubt he has.
Looks like a trip to small claims court I think.

[Chewy1973]

Re: Lied to about HPI and bike being stolen

Got this sorted in the end.After a few letters to the seller and HPI helping out a fair bit the insurance stolen part was lifted by the insurance company.
I managed to speak to the owner that reported it stolen and he confirmed he got the bike back undamaged 2 days later and the insurance company failed to remove the marker as he didn't claim as the bike had no damage.
I'm thinking I was very lucky here but could have been a lot worse.BIG lesson to myself never trust a seller always check it out 1st.