Legal Issue With A Customers Twin Shock Trails Bike

Discussion in 'Lounge' started by Dirty Leeds, May 29, 2020.

  1. No prob. Lame to fame alert - I just noticed that it’s an Federation of Small Businesses factsheet on LHS Solicitors headed “paper”, so there’s a chance I actually had a hand in drafting that document when I did an 8 month secondment at that firm when taking some time away from the Bar in 2015/16 :D
     
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  2. Interesting reading not sure how it all works regards to the locations as in if I sell it is a German law firm coming after me? I just can’t see this fella spending anything that’s been the problem he won’t pay 300€ release
     
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  3. Surely if you just took the bike to him originally he would have paid whatever the fee was, as you got there first.
    Now you’ve just caused yourself a load of hassle for the sake of principles that something ‘may’ have happened?
     
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  4. Whether the law of England and Wales or Germany applies depends on a number of factors. The first port of call is to look at the T&Cs which govern the contract to see if there is a jurisdiction clause. If there isn't one then it will depend where the contract was concluded (which is a very tricky little patch of law tbh). Even leaving aside the jurisdiction issues, I think it is unlikely that will happen as the costs of litigation would exceed the value of the bike. What is is worth - a couple of grand?

    If you sell it you should try to get market value, but you don't need to bend over backwards. Plus, the market value of a bike with no V5 at the start of a recession is going to be a lot lower than normal, not to mention the fact that you're probably going to end up telling buyers a long story about why it is short on papers and that they may get an angry German seeking its return or at the very least not consenting to the issue of a new V5 when they apply for one.

    You might be better off going through the process outlined in the factsheet and if you don't get any sense out of the German guy, keep it as a field bike for your kids or sell it to someone as a breaker.
     
    #24 Zhed46, Jun 4, 2020
    Last edited: Jun 4, 2020
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  5. It's not a road bike is it? If so, coming from where it has (was it DK) it should have a Nova declaration with it to show UK/EU VAT has been paid on entry.
     
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  6. I get your poi
    Joepeps I get your point however I had an agreement in place with the buyer to collect the bike yet he then after agreement put the job out to tender ...petty? Well maybe but I just thought sod you then you get someone else to transport it but he did try to get the bike collected by someone else after arranging I collect it.

    His words ‘ you only went to get it to stop someone else getting it’ I’m like wtf I went to get it as that’s what was agreed to happen
     
  7. Market value is a funny one as it’s American so not worth as much apparantly but probably still a grand, it has no v5, I don’t think the German would ever find the bike if were to be sold, I’m going to email him but not sure what Im Going to say as it was meant to have sold Saturday so I’m awaiting his legal threats
     
  8. Dk are massive been around years that bike must have had duty paid they only really import bikes although believe they are Kawasaki dealers
     
  9. Hence they should have a Nova declaration - they always sell with them :thinkingface:
     
  10. Unless it’s in the box with the bike
     
  11. Have a look :eyes: the vat man will not believe your story about DK without one ;)
     
  12. :upyeah:
     
  13. One other thing is it takes me a hell of a lot of time and effort finding work as only a few jobs come to me, so when at the very start of what will be a long laborious frustrating task ( finding work) someone immediately pisses me off it becomes very easy to say sod that mate .....lockdown has been around a fair bit too but plenty of the polish van rats are running everywhere which is pretty wrong to me
     
  14. It's a trials bike very doubtful anyone buying it will want it use it as a road bike unless they do 'road trials'.
     
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  15. I just emailed him telling him the bike is still here, I’m not mean but the blokes a twat balls in his court now
     
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  16. is the bike uk registered mate??
     
  17. Its a fresh DK import from the States, so no...
     
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  18. @Zhed46 ’s spot on in what he says Carl, it’s a bit of a risk if you just flog it although in reality he probably won’t chase you for it just be mightily pissed off. Morally, the right thing would be to let another courier pick it up and deliver it, after he’s paid your costs of collection & storage but not the full delivery fee.

    I know Zhed mentioned about jurisdiction & contracts but I’m guessing there’s no contract other than an email or text or WhatsApp msg saying ‘please collect & deliver’ ?

    What do you have from the fella?


    ps. When/if you can sell it I’m interested :)
     
  19. A lot of people , myself included, register all bikes for the road . It makes insurance easier , simpler and cheaper , plus increases the value and saleability
    I’ve bought from DK , they’ll have paid the duties for sure .

    I don’t think selling the bike is the right approach but that’s up to Leeds , however you can check with HMRC Personal Transportation Unit if it’s on Nova by calling them , or emailing with the VIN
    You need to insure the bike to register it and have either the original docs from the importing country or a dating certificate .. and at the moment a lot of patience as DVLA are on skeleton staff or so it appears
     
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  20. Waiting for reg now for 6 weeks from dvla , since Nova approved! I understand I'm bottom of pile and have to keep waiting
     
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