Missing documentation?

Discussion in 'Lounge' started by El Toro, Sep 5, 2012.

  1. When I bought my bike it was ever so slightly used............four weeks old and with 281 miles on the clock.

    I duly paid the dealer for it and p/x'd my R1 and collected the bike as agreed, only to be told that the first owner hadn't dropped off all the paperwork and the spare key but I'd have it all by the time I took the bike in for the first service.

    First service has been and gone and I've now had the bike just coming up to five weeks. Yet still no paperwork/registration docs nor the spare key! Allegedly the ex owner has them somewhere but can't lay his hands on them and as he's self employed is very busy and can't get to the dealers anyway to drop them off.

    I think I've been more than reasonable and patient so far but now I'm starting to lose my rag.

    What is the legal position and implication regarding the fact that the dealern sold me the bike without all the docs? Obviously it's still not registered to me and I'm feeling slightly nervous about it all.

    The dealer has offered my old bike back if I'm not happy. And I'm now wondering whether to take him up on the offer.

    All answers welcomed.
     
  2. Without any paperwork you are not the legal owner of the bike. The dealer should not have sold you a machine without paperwork. I would be banging on the dealers door, demanding your money back ASAP. What would happen if the previous owner reported it stolen? The law could nick you on suspicion of theft and return the bike to him, as he still has the title documentation. I assume you still have the dealers receipt to cover yourself a bit, just in case.
     
  3. Sounds a bit queer to me... Amazed the dealer took ownership let alone sold it on without the log book.
     
  4. Yes I have a receipt from the Dealers. They are a proper Ducati dealership. Allegedly.
     
  5. Isn't the logbook proof of reg not ownership?
    There has been offer/acceptance/consideration paid.

    Not forgoing any dodgyness of course!
     

  6. There is something strange re log books, but if the previous owner still has all of the v5 then its a question of proving it. Unless he is willing to sign to say he has "lost" his copy, then you can get a new one issued
     
  7. Do you know if the bike was privately owned or dealer registered.Recently I bought a dealer owned Ducati which had been registered by one of the dealerships partners.I got copies of the paperwork when I paid for the bike and the originals plus logbook,which had been retained by Ducati,when I collected it.
    If you have had good dealings with the dealer so far I would ask them firmly but politely to sort it out.If you are not happy with any other aspect of your purchase or the dealer seems to be making lame excuses take your old bike back and go elsewhere.
     
  8. The V5 (logbook) is proof of registration, but I would like all the loose ends tying up. I'm not being unreasonable am I?

    The "lame" excuse that the previous owner hasn't got the spare key and V5 to the dealers is that he has his own business and is busy.

    But do you know what? So am I. As a company director I work in excess of 60 hours a week and try to keep all my clients happy and informed. I just feel a growing resentment now and its making/turning the whole Ducati experience a little sour.
     
  9. Be a shame to give that nice bike back.... The dealer needs to sort.
    Either getting the log book from past owner or pay for new ones which may be difficult if the previous owner hasn't signed the bike over to the dealer.

    Good luck mate.
     
  10. Don't give up on the brand, it's not the bikes fault, just poor service by the dealer. Have you considered threatening legal action?
     
  11. Blimey 10 posts in on a dealer thread and no NAME AND SHAME requests :rolleyes:
     
  12. I`m looking at a V5 document now. It very clearly states that the document is NOT PROOF OF OWNERSHIP. It shows who is responsible for registering and taxing the vehicle which is not the same.

    I cant believe a proper dealer would be so stupid as to buy a bike without getting the relevant bit of the V5 from the seller but it is vaguely possible so presuming it is true you need to check that they have paperwork confirming they legitimately bought the bike and then more paperwork showing they sold it to you.You say you have the receipt so that is a start. You still need to get the V5 in your name, the spare key and any other paperwork that may exist including service book etc so you can check it had a pdi or you are going to struggle to sell it .
    I guess you part exed your old bike and gave them some cash too, if you accept their offer of your old bike are you being offered everything back or are they keeping some cash to allow for the mileage you have put on?
    You should do everyting by email so there is a written trail to follow and maybe give them a reasonablec ut off date by which you want everything resolved or you escalate the situation by contacting Ducati UK, trading standards, MCN etc although some people will say you should have known better than to part with your bike and cash until everything was in place.
    Not sure if there are any solicitors on here so may be worth paying and getting real legal advice just to be sure, you are talking about a good few grand.
     
  13. Lol, but it's not just the dealer at fault here is it! The previous owner must take some of the blame. I'm not the greatest at paperwork, but to have only had the bike a month and be unable to find it is a bit poor and if he's self employed I'd hate to be his accountant when it comes to tax time!
     
  14. Sometimes things are not what they seem. Should we be reading between the lines here?
     
  15. These things happen, I'd be on at the dealer though to sort this out since they sold the bike without the relevant docs and spare key. I'd be a wee bit nervous but you can get a new V5 with some proof of ownership.

    Im assuming that you have the key card with the immobiliser code? I'd be a little more reluctant to accept a modern Ducati without that.
     
  16. Yes I have the service book and the the key card. And I am planning a call to the dealer principle in the morning. I've put everything down in emails so I have a paper trail. He has had a copy of the latest email this afternoon too.

    The sales manager just seems to have been very trusting or at least is giving that impression.
     
  17. El T.
    If you feel that you're being a bit harsh, wait until you try to sell a bike without the spare key. Can be a nightmare and involve huge cost. Get it sorted mate and don't hold back
     
  18. How come you've got the service book but not the log book? That seems very odd to me; if you've got one bit of paperwork you've normally got it all in the same folder. Maybe the dealer just started another one? Either way it's the dealer's problem; start hassling. Hard.
     
  19. The dvla will issue you a new V5 if you ask for one. They write to the registered keeper and inform them that a request has been made for such. Keeper has 14 days to object or you will then be issued with the new V5.
    You should not have to bother yourself though and it does not get you the spare key which is much more important, or the manuals. So far you have not recieved what you have paid for in my opinion so you could reject the deal.
    Give the dealer 7 days and if the previous owner is really that busy why doesn't the dealer send someone to his house or place of work.
     
  20. Would the dealer really back out of a deal so freely? I presume you gave your old bike plus cash to him for your new bike? I doubt he'd be keen to hand the cash back, so call his bluff, tell him to have your bike ready for collection next week if he can't get you the missing stuff. My guess is he'd crap himself...
     
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