How to get Bike back

[Mike79]

Wondering if folks can help please? I have a friend who took out finance in her name for her now ex-boyfriends new Bike. She is the registered keeper. They have now split but she is still having to pay the finance (which she can’t afford) he is refusing to pay it back but also preventing her taking possession of the bike back.

 

What are her options?  she can obviously speak to the police and report it but wants to avoid that if possible. Any other advice I can give? The Bike is locked in a garage and cannot get access to it. She can stop paying the finance and have it repossessed but this will obviously affect her credit which she will be relying on to get herself back on her feet. Any advice would be appreciated

[TimR]

Registered keeper is that ...

V5 Document states not proof of ownership 

 

Best to speak to finance and state her needs and request they reposses but she is still liable for payments as she signed the agreement 

 

As bike is technically in her name re finance etc she can approach police 

Edited January 16, 2023 by TimR

[bonio]

I'm not sure that the police would be interested even if she were to approach them: if he were to say that say she gifted him the bike, how could she disprove this? (as @TimR says, the V5 only says she's the registered keeper, not the legal owner). 

Is it on PPP or HP? If it's a PPP, how likely is it that the guy will return it at the end of the loan period? Or will she become liable for the balloon payment too? In this case, she might be better off talking to the finance company and explaining the situation and that she's planning to default. Try to come to an arrangement that isn't too painful for her. If HP or a bank loan, then it more finely balanced between defaulting and carrying on paying. I can't see any other option for her - but about what getting advice from Citizens Advice? They've probably come across this situation more than once.

Edited January 16, 2023 by bonio

[manxie49]

If finance is in her name, payments are coming from her account, She is the the registered keeper (her name is on the V5), then I would personally get a lawyer involved.  Does she have a car, bike or house insurance policy that also covers legal disputes?  I know my policy will cover all sorts of issues, not just those related to my bike, may be worth looking into and calling them for advice?  As Bonio says CAB are also a good resource to tap into.  It may also be worth going to discuss this issue with the finance company.

[Fiddlesticks]

This is all very technical and probably correct. Does she not know a few big blokes that can go around and ask nicely for the keys?

[Bender]

2 hours ago, Fiddlesticks said:

This is all very technical and probably correct. Does she not know a few big blokes that can go around and ask nicely for the keys?

It's likely police will just say civil matter. 

[MikeHorton]

1 hour ago, Bender said:

It's likely police will just say civil matter. 

Yes indeed will be a civil matter as others have said registered keeper and owner are different. Seems she took the finance out in her name for him v common. Will be a job for a solicitor not cheap. Best speak to finance company first 

[Tiggie]

Maybe inform him that either he has to have the finance transferred over into his name ( if possible) or you want the bike returned. Otherwise you will be involving a solicitor and courts.

 

With any luck it'll scare him into returning the bike. Solicitors will probably be the route you'll have to take though. Definitely go to citizens advice as has been mentioned. Will certainly not be the first time this has come up

[Bender]

Start with his parents if they still about  

[Stu]

report it stolen! 

 

Stop paying for it! 

 

Go set fire to it! 

 

Loads of options

 

[Bender]

19 minutes ago, Stu said:

report it stolen! 

 

Stop paying for it! 

 

Go set fire to it! 

 

Loads of options

 

It's not stolen, it was a present officer

 

Stop paying, its going to be big impact on credit and could incur further costs

 

Set fire to it,  who's getting the payout, in fact if it cost you nothing why claim, person paying finance is screwed 

 

Which options exactly  

 

 

 

I would be getting it picked up relocated somewhere safe, new keys, sell it. 

[Stu]

5 minutes ago, Bender said:

It's not stolen, it was a present officer

 

Stop paying, its going to be big impact on credit and could incur further costs

 

Set fire to it,  who's getting the payout, in fact if it cost you nothing why claim, person paying finance is screwed 

 

Which options exactly  

 

 

 

I would be getting it picked up relocated somewhere safe, new keys, sell it. 

 

I would happily lose out to someone who is being a dick  

[Bender]

10 minutes ago, Stu said:

 

I would happily lose out to someone who is being a dick  

Nose off to spite face springs to mind  

[Pie man]

7 hours ago, Fiddlesticks said:

This is all very technical and probably correct. Does she not know a few big blokes that can go around and ask nicely for the keys?

If it were me, I would ask good old friendly Barry "the baptist" or Big Chris. Nicest people I know.  

[fredc]

before you start,  is the bike worth more than the outstanding payments

[onesea]

9 hours ago, Bender said:

It's not stolen, it was a present officer

Go police with evident your paying for it.  It was never a present a joint investment.

 

He has not being paying her half as agreed.  It's your bike he's stolen hes and denying access to the bike.

 

With a try?

[Mick67]

Also I know its locked up at the moment but vehicle tax get that cancelled then at least it cant be ridden on the road legally. 

[Bender]

2 hours ago, onesea said:

Go police with evident your paying for it.  It was never a present a joint investment.

 

He has not being paying her half as agreed.  It's your bike he's stolen hes and denying access to the bike.

 

With a try?

Unlikely, they wouldn't give a chuff, off to court under your own steam. 

[Mike79]

Thanks everyone for the replies. Will likely try CAB with view to taking legal and also speak to finance company.  Speaking to the guys parents and attempting to repossess the vehicle again are also decent ideas/options. Thanks a lot 

[Bender]

5 minutes ago, Mike79 said:

Thanks everyone for the replies. Will likely try CAB with view to taking legal and also speak to finance company.  Speaking to the guys parents and attempting to repossess the vehicle again are also decent ideas/options. Thanks a lot 

Don't forget to let us know how it goes. 

 

If that was my son you would have had the bike back instantaneously if I'd had to throw him in the back of the van with it. 

[Mike79]

3 minutes ago, Bender said:

Don't forget to let us know how it goes. 

 

If that was my son you would have had the bike back instantaneously if I'd had to throw him in the back of the van with it. 

Thanks Bender, wil do. Yes he is a nasty piece of work. Earning loads and refusing to pay child Maint while she is back living with parents with 2 young kids to look after and low income. This is just adding to her mental state

[onesea]

2 hours ago, Mike79 said:

Thanks Bender, wil do. Yes he is a nasty piece of work. Earning loads and refusing to pay child Maint while she is back living with parents with 2 young kids to look after and low income. This is just adding to her mental state

Contact CMS.

 

Look on there website, and you can calculate how much he should pay. 

https://www.gov.uk/calculate-child-maintenance

 

 Feed him that info, he might agree.  Advise the CMS if he doesn't agree they will take it at source.  If he's self employed it can make it difficult.

Asi understand they will basis it on his previous years wages.

 

Mine includes milage, overtime and expenses.  So if I drive due to work and can claim it as an expence she gets her cut.   That grates me but hey hi...

[Bender]

Yup as above csa or cms will sort it, I think they now levy a small fee if they have to sort it but its worth it

 

https://www.gov.uk/calculate-child-maintenance

 

Online calculator  

 

Self employed should only be an issue if he's paid cash and does not declare it and if he does she's probably already aware of this and can drop him I it , they have same access to self employed earnings from HMRC so would be calculated off that, if he's a complete tool nothing stopping him buggering off abroad out of the reach of csa 

[Mike79]

Bender and onesea, yes he is self employed and deliberately moving to cash payments to try and avoid csa reach. Thanks for the info, really appreciate it

[onesea]

2 hours ago, Bender said:

if he's a complete tool nothing stopping him buggering off abroad out of the reach of csa 

I had court order prior to new CMS arrangements, it meant they could seize any assets in my name in the uk. I researched it 10 years ago.

 

You of course need the financial backing to make it happen, my in laws would of made it happen.
 

Sadly self employed are why the arrangements are so strict for the rest of it.

 

Even then you don’t need to look hard to find the ways WAYS to avoid.

 

Then I don’t do overtime, unless I have to as by the time the taxman and CMS have finished I’d see less than half of it.