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Bought a bike, now been told its on finance

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  • Bought a bike, now been told its on finance

    I bought a motorbike in February, ive just came home to a letter from black horse finance saying its on finance and that they are investigating the sale of the bike, they want me to fill out a questionnaire and send it back with supporting details etc. they also said i cant sell the bike. The bike is actually for sale to fund a new business thats launching in a couple of weeks!!! i did a text check thing which came back clear, black horse finance said they wouldn't do an in depth finance search, whats the point in getting one done then?

    what leg do i have to stand on here, its beyond a joke, 3 page questionnaire and wanting copys of all sorts of documents and stuff! like i have nothing else better to do!


    whats the best way to resolve this, can they come and take the bike away?
    Tags: None

  • #2
    Re: Bought a bike, now been told its on finance

    Legally they may own the bike where did you buy it from if a dealer you have a better chance of the money back than with a private seller

    Comment


    • #3
      Re: Bought a bike, now been told its on finance

      Were you aware that the bike was on finance at the time? If not then unfortunately Blackhorse don't really have a leg to stand on as you would have purchased it in good faith.

      S.25 of the Sale of Goods Act will protect you and so will s.27 of the Hire Purchase Act 1964.

      I would suggest you write to them and say, you purchased the bike in good faith and as a bona fide purchaser. Therefore title to the goods have been legally transferred to yourself and their only recourse would be against the debtor of the hire-purchase agreement.

      I wouldn't bother filling in the questionnaire
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Re: Bought a bike, now been told its on finance

        Originally posted by R0b View Post
        Were you aware that the bike was on finance at the time? If not then unfortunately Blackhorse don't really have a leg to stand on as you would have purchased it in good faith.

        S.25 of the Sale of Goods Act will protect you and so will s.27 of the Hire Purchase Act 1964.

        I would suggest you write to them and say, you purchased the bike in good faith and as a bona fide purchaser. Therefore title to the goods have been legally transferred to yourself and their only recourse would be against the debtor of the hire-purchase agreement.

        I wouldn't bother filling in the questionnaire

        Hi

        thanks for the reply, no i was not aware of any outstanding finance, i was told its HPI clear, i also done my own check using a £3 HPI text check, which black horse finance say they dont pick up if they are on finance... it was a couple of months ago so i dont have the text any more unfortunately! my main concern at the moment is the bikes for sale now and has been for a week, im worried that if it does showup on a more advanced HPI check any new buyer from now on may think its me with the finance!!

        Comment


        • #5
          Re: Bought a bike, now been told its on finance

          thought HPI guaranteed their info was correct?

          Comment


          • #6
            Re: Bought a bike, now been told its on finance

            Originally posted by wales01man View Post
            thought HPI guaranteed their info was correct?
            That would normally be the case yeah, the only other reason I can think of is that Blackhorse has terminated the finance agreement due to failed payments by the original debtor.

            Therefore it might not actually flag up as being on finance.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Re: Bought a bike, now been told its on finance

              Originally posted by stu3y View Post
              i also done my own check using a £3 HPI text check, which black horse finance say they dont pick up if they are on finance... it was a couple of months ago so i dont have the text any more unfortunately!
              I would do everything you can to get a copy or proof of that HPI text check as that's pretty compelling proof that you bought the bike in good faith.

              Comment

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