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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Am 3rd owner of a 5 year old motorbike I purchase 2-1/2 years

Customer Question

Am 3rd owner of a 5 year old motorbike I purchase 2-1/2 years back from private seller which I bought in good faith asked all the right questions at time of purchase, ownership, hpi etc. Received letter 2 days back from a company acting on behalf of a finance company requesting information from me of my ownership with possible actions maybe taken against me. Discovered debt lies with 1st owner of bike.
Question is where to I stand regards XXXXX XXXXX as owned for 2-1/2 years, believe there is a legal right I can wave called having a good title.
No previous owners names or address to follow up on or receipt of purchase.

Your advise would be much appreciated.

Thanks Bruce J
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You could be protcted under the Hire Purchase Act 1964 if you purchased the bike in good faith and didn't know it was on HP. This provision only applies to cars and motor bikes and you can find the law here:

http://www.legislation.gov.uk/ukpga/1964/53

Note that it doesn't apply to goods on a hire agreement, only hire purchase.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

the vehicle is on a hire purchase agreement, what are my claim rights or am at risk of losing bike

Expert:  JGM replied 2 years ago.
If the second owner didn't know that the bike was on HP and acted in good faith then the second owner was entitled to sell the bike to you and you were entitled to receive good title you should be OK here.

Here is the section of the Act:

"http://www.legislation.gov.uk/ukpga/1964/53/section/27"

Tell the HP company you had no idea that the bike was on HP and as far as you are concerned the bike is yours.

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