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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70284
Experience:  Over 5 years in practice
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I recently bought a motorbike which has turned out to be stolen

Resolved Question:

I recently bought a motorbike which has turned out to be stolen 3 year ago what do I do
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How do you know its stolen please?
Customer: replied 2 years ago.
The original owner who had it stolen through credit card fraud 3 years ago was at the same motocross event as myself and spotted the bike. The police came and seized the bike that day and I have just received a letter to say that the bike will be returning to the original owner is ther anything I can do about this
Expert:  Jo C. replied 2 years ago.
Where did you buy it please?
Customer: replied 2 years ago.
I bought it from a friend and payed with cash and he bought it prior to this from ebay. The guy who bought it from the original owner with the fraudulent card has been caught and is now in prison! Have the police got a right to return it to the original owner as technically it was fraud and not theft? I have been given 14 days to dispute the litigation teams decision of returning it to the original owner and take the matter to court but I don't know if I stand any chance
Expert:  Jo C. replied 2 years ago.
Thanks.
It depends essentially on the nature of the fraud. If you are saying that there was a payment using a fraudulent credit card then you could argue that good title transferred to the person in question and the credit card company were the victims.
If so, good title would transfer to any subsequent seller and ultimately to you. That would mean you do have a challenge.
I don't know whether you really want to go into court arguing that point though. It depends how much you want this particular bike.
The other alternative is to sue you friend for a refund and he can sue the person who sold to him etc.
I suspect that they are saying that the owners of the bike originally were the victims since they have recovered this bike and therefore good title did not transfer. Obviously that may not be upheld in court but its their position and the moment. Whether you are really able to challenge that is always a difficult question since you had nothing to do with the original fraud. They would have to disclose information in their possession about it.
If this is not a high value bike then you would be better off recovering from your friend.
Can I clarify anything for you?
Jo
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