How long until I can keep the bike?

[jimmymacD]

I have a bit of a dilemma, 

Sold a nice retro Kawasaki Zephyr almost two years a go to a local chap who wasn't in the best of health. His trailer needed sorting and he couldn't pick the bike up for a few weeks. That wasn't a problem as I have a large barn.... two years later and after several messages to him, I still have the bike collecting dust in my barn. I have made every attempt to arrange for him to collect the bike, even offered to buy it back but he has only contacted me once to say his health has been bad. I am concerned that the bike will turn into a pile of rust and don't want to chuck time and money at it, as it isn't legally my bike? Anyone got an idea as to where I stand legally and after what period of time I can put claim to the bike? I often see cars being sold by third parties due to the owners walking away or being abandoned at garages or left to rot in a field. I just know that the minute I touch the bike the guy will get back in contact. Any advice would be useful. 

[Old-codger]

I would get on contact with the owner and give him the following options.

1. Collect the bike.

2. You deliver the bike to him if its not to far and you have a trailor or van.

3. Buy the bike back off him.

4. If he doesnt want to do any of the above notify him that from a set date you will start charging him storage fees ( state costs per week ) and after a set period and no resolution the bike will be disposed of or sold to pay storage fees.

Deliver the letter to his address and keep a copy for your records and hope this jolts him in to action or his family may just spur him on to do one of the above.

Good luck keep us updated on how you get on.

[jimmymacD]

Thanks for the advice.

[Gerontious]

Has he died or reached a point where these things no longer matter? Seems a strong possibility to me. I would be tempted to pay him a visit, rather than continue with this.

Edited May 20, 2023 by Gerontious

[onesea]

I think I would  approach with @Gerontious  thoughts in mind.  
However make clear @Old-codger  view almost regardless of situation, you have been more than patient.

[jimmymacD]

Sent another message tonight saying that I will start to charge for storage, he did get back to me.... same answer he gave last year, "been ill and haven't fixed my trailer". I did offer to buy the bike back but he assures me... a mate of a mate etc... and he will restore the bike, which I very much doubt? So ball is in his court again, I will give him a week then start charging.

[jimmymacD]

I did think he might have died. I sold a Harley few years back, chap had just had major heart surgery and a Harley was on his bucket list, he paid a large deposit and we agreed I would ride halfway the following day, which I did but chap was a no show, then got a call saying he had died in the night! Very sad, my first thought, an extreme way of pulling out of the deal but no he had died.

[Capt Sisko]

You need to get official. I know that sounds a bit hard, but the buyer isn't responding to the softly softly approach. Send a recorded delivery letter to the last known address you have and tell the buyer his options:-

1. In the letter state they must collect the bike within 28days of delivery of the said letter or you will dispose of as you see fit and refund any moneys received (less expenses & reduced selling price due to lower value of the bike because of it current condition).

2. Also in that letter state everything you've done to attempt to facilitate the completion of the transaction, show copies of correspondence, dates and if the condition of the bike has deteriorated, state what. You've got to be seen as the good guy.

3. If they don't arrange collection or contact you to make a mutually agreeable arrangement within that 28days, send a second letter saying that after a further 28days you will dispose of the goods as you see fit and reiterate the refund, less expenses & reduced value bit.  Again send this by recorded delivery.

4. Avoid using the word 'sale' in your letter. A sale is not complete until goods are, in this case collected.

5. Once you've sold the bike (and you can't sell it for £10 to a mate, you have duty to get a reasonable sum, and after this length of time I don't think a scrap value would be unreasonable), send them a cheque (remember them) less deductions and all totalled up onto an easy read spread sheet. The reason I say a cheque is that it keeps the money in your account until they cash it and puts the onus on them to present it to their bank. Old fashioned, but cheques do have some advantages. 

 

Separately, you still have a reasonable duty of care to look after the goods whilst in your possession. This doesn't mean you have to wash & polish the bike, but leaving it uncovered and out in the rain with it slowly rusting away wouldn't be acceptable. If the barn you said the bike is stored in is dry and you've say thrown an old bed sheet over it, that's more than enough.

 

Lastly, be careful about charging storage without their agreement. It wasn't part of the original T&Cs of the transaction and whilst they might become part of aforementioned mutually agreeable arrangement, you can't charge or impose them retrospectively. Charging for storage also opens up another can of worms about a greater  duty of care, insurance, you may be considered to be running a business and many other factors. Personally I just wouldn't go down that route.

 

I'd get yourself along to your local Citizens Advice office, this is right up their street and what they're there for. I suspect they'll say something along the lines as above but will tell you the polite, technical & legal terms to use.

Edited May 22, 2023 by Capt Sisko