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Stolen Bike - Recourse for the Purchaser

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by nodz, Mar 23, 2005.

  1. One of my wife's girlfriend's husband has just bought a bike. Went to register it, turns out it was stolen in 2000. Phoned police, they told him that because it was stolen so long ago that they don't want to know about it, otherwise they'll have to seize it and then have to complete a mountain of paper work. They told him to phone Vicroads, not sure what they'll do about it?
    (And before everyone goes off and says should have done the check with VicRoads, hindsight a very valuable thing).

    Is there any recourse for him?
  2. It's always great to see the police doing their jobs.

    Not sure what will happen to your mate, in England he would just lose the bike.
  3. if police did follow through with it, they would have to seize the bikethat he bought.. I never heard of that situation happening before where the cops dont want to know about a stolen vechile
  4. Sorry got my facts wrong (should check before posting). He phoned a mate not the Police and mate said Police will seize it and then complete a mountain of paperwork, such as who, when, where did you buy it from so it's better if they don't know about it. (Hearing this fourth hand). However, problem is that he's got a stolen, unregisterable bike. What's his recourse?
  5. Vic roads wont reregister it while its on the stolen list, he's going to have to go into a police station and get them to follow it up properly. Then hopfully release it from the stolen lists .... ie stolen/recovered . then Vic roads can issue a new id for it, almost like a new VIN number.
    Only then will they reregister it.... and it a F***in pain in the arse to do too.

    For those than can remember the hasle i had with my old CBR trying to get that on the road legaly , will know what im talking about ( and also why i now have the VTR , after 8 months of mucking around i threw it in the to hard basket. And sold it privatly giving the guy ALL the details so he couldn't come back at me. I think he ended up throwing down the road a few weeks later and it went to a wrecker .
  6. Turn it into a track bike and go buy something else.

    And remember the lesson he learnt about not calling vicroads to find out about the bike first.

    If the police know who it belongs to they'll take it off your friend and give it back to the original owner. If not he can sign a letter of interest on it, the police will keep it for 3 months, if no one turns up to claim in this time its his bike.
  7. Surely he HAS to inform the police.

    It is the only right thing to do.

    As for recourse, not sure. In the UK, it'd be hard cheese (you'd lose the bike). The only possible course of action then, would be to sue the person who sold you the bike in the first place.
  8. Do the right thing, take it too Plod and hopefully he can help catch the low life pond scum (god I had to clean that up) that stole it and stop them from possibly next time, stealing your bike or worse MINE.

    Speaking from the experience of having my car stolen a few years ago and the inconvenience it caused.........I now live by the motto....."help exterminate the pricks......your bike could be next"

    OK I calm again now.. ](*,)
  9. Was the bike purchased from a dealer/shop or private sale?
    Me thinks if it's from a dealer or shop they may be done on a handleing stolen goods thingy??
    If it was private I would go straight back to the person and tear them another arsehole and demand the return of my hard earned and introduce them to the local constabulary :evil:
  10. First things first. Go and see the bloke he bought it off and demand some answers and his money back. Then call the cops and tell them he knows where a stolen bike is.
  11. With my CBR1000 , both myself and police could track back through no less than legitamet owners, ie: could prove we didn't steal it ! as it was a project bike that went though 6 guys wifes saying "will you get rid of that mess in the garage"

    I got it and finished it off , but being the 1st to try and put it on the road legaly was when i hit a BIG wall.

    Honda even traced it to the day it came into Aust, and it even went across to NZ for awhile :?

    But as to who owned it and reported it stolen in the 1st place was a mystery as no one could find those records ( the police where saying no problem on our side at all ) but Vic Roads ? wankers wouldn't accept a letter from the police stating that they have no record of such a bike etc etc ..... therefore the TOO hard basket . and now the VTR :D
  12. If you purchased from a LMCT (licenced trader) then you can get your cash back, as they have to sell a bike with clear title.

    If from a private sale, go and ask for your cash back as a first step.

    If that doesn't work, talk to the boys in blue and see if you can get them to accompany you to the sellers house - then ask again nicely.

    If that doesn't work, hand the bike to the cops, they have 3 months to figure it out. What's probably happened is an insurance company has paid out on it long ago - so the original owner is on a different bike and it's ancient history - they won't want the bike back.

    So, the insurance co. is the legal owner - they don't want it - so it goes to auction and you have the chance to buy your bike back. Talking to them first will get you first dibs, and it probably won't go to auction.

    If it was uninsured, the original owner owns it, and if he can be found you can 'buy' it off him.

    Vicroads will not register a stolen bike unless you can prove clear title all the way back to when it was first imported, through all prior owners.
  13. If a private sale - definitely go back to the seller and have a word, explaining how it would be in their best interests to return the cash poste haste, and how inconvenient it would be the have the boys arrest him on charges of possessing and selling stolen goods.

    If dealership - definitely return the bike asking for a refund explaining how it would be in their best interests to not have the Johnny Hoppers raiding them

    That's about the extent of his recourse. If he goes through the coppers, he'll lose the bike and will never see his money again. If neither of the above 2 options work, then this is what he'll more than likely have to do. Sux ass don't it !
  14. If it was insured when stolen and paid out, then it's still the property of the insurance company, who will demand it be returned to them and then auctioned.
    Police are obliged to return it to the owner if they know who it is.
    You've got to be careful with Vicroads here. A few years ago a group of their employees were convicted of helping to re-register cars stolen by their mates (and I mean a LOT of cars). All the owners who had legitimately bought and registered these cars, even after checking the register, lost their cars with no compensation. They went back to the owners or insurance companies.

  15. Yup that was my problem, mine was a 89 mod bike and we could only trace it back to mid 94 !
    the only away around it was to take the bike to Honda get thier engineers to recertify it to Aust standards and give it a new vin / frame and eng Number. That would of cost me another 1000.00 plus RWC plus REGO , just turned it into a financial nightmare

    ( with the letter from Vic police, Honda didn't have a problem with re certifieying it )

    So like the others have said go back to the guy you bought it from and see how yah go :?
  16. Any way you look at it, that guy is out of pocket. Can he not visit the seller and have a discussion on the issue? The only way he wont be out of pocket is to sell it on, but then he becomes the very scum that did it to him. He could sell it to a wreckers to recoup some of the costs.
  17. It’s a stolen bike, your mate has done all his cash on it regardless how much he paid for it. The bike is not his to buy. The original owner who had the bike stolen from him can walk up & ride off with it & your mate can do nada about it.

    I can’t understand how some people can be on the receipt for stolen goods like this & consider letting it slide, it all makes nicking bikes worthwhile in the first place.
    If it’s a road bike it’s worthless regardless whether he tells the police or not. Even as a trackbike, who would not check the engine numbers etc before buying one? (who would by a trackbike with removed/modified engine numbers?).

    He could sell it for parts, but he’ll get found out that way to, (except if you hide the engine & frame when people come looking) I know of a mate who went to buy some parts out of the Trading post. He got the VIN number when the seller was off somewhere & ran it past his other mate who a cop. Sprung the seller.

    All to save a few bucks, people are willing to screw themselves accepting hot bikes/parts.
  18. If he goes back to guy, returns the bike, gets his money back the guy will just sell it to someone else. So he wins doesn't he??

    The orginal owner of the bike should be the first priority, he's the person who paid for it, he's the person who lost money, either with the bike not being insured or having to pay higher premiums.
    If it was your buddy who it had been stolen from what would you guys say???
  19. If (and I doubt it) he was toget his money back form the seller, he could then just tell the cops who would have to act on it. That would stop the bike being re-sold
  20. The only thing he can do is try to get hold of the guy he bought it off.

    First just try to get his money back, tell the guy he wants to return the bike for the cash and that the police wont be involved........... Then as soon as he has his cash back call the cops! :twisted:

    If that dosnt work then he just has to tell the cops and have the bike reposesed and be out of pocket. :(

    How could anyone even think about selling the bike to someone else? If they did that I hope they get caught and they WILL go to jail for it.

    Remember he is in possesion of stolen goods, and they say possesion is nine tenths of the law. His enquiry with VIC roads has probably been flaged on their database and they know he has tried to rego it, and now knows its stolen. So if Mr Plod pulls his batton out and finds him with it he will have a very bad day.

    At least someone is going to get their baby back :D
    Even if it is just an insurace company.