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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have found a person selling my stolen bike online. I

Resolved Question:

Hi, I have found a person selling my stolen bike online. I did report this to the police and I sent the seller a few photos showing clearly unique scratch marks that matches the bike he's selling. But the seller is refusing to return the bike because I could not find proof of purchase or a serial number of the bike frame. He has also claimed that he had spoken to both lawyers and the police and "they both agree that as I purchased the bike in 'good faith' then it is up to me to decide what to do with it.". Are his statements correct and what can I do to get my bike back?

As I was not in the UK I pretend to buy the bike for 500pounds and sent him 200pounds deposit in return for purchasing the bike later.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume you want the bike?
Customer: replied 1 year ago.

Yes I would want it back as it belongs to me, without paying the seller money.

Expert:  Ash replied 1 year ago.
You need to write and ask for it back within 7 days or say you will seek a court order,
If they refuse then you can issue proceedings in the county court, you complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The forms will be sent to the other side and they can defend it. The court will list the matter for hearing and decide whether to make an order giving it to you.
If the court does and the seller refuses this could be contempt of court and they could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

What about the deposit I paid him? Do I have the right to have it back?

Expert:  Ash replied 1 year ago.
Yes.
Alex
Customer: replied 1 year ago.

Also he is arguing with me that just some photos of the scratch marks doesn't proof the bike belongs to me, also that since he bought it in "good faith" it means he is not handling stolen goods. Are those statements correct? If he refuses to return the bike can I seek a court order straight away? Or do I have to wait 7 days?

Expert:  Ash replied 1 year ago.
You can go straight away if you wish.
Alex
Customer: replied 1 year ago.

Also he is arguing with me that just some photos of the scratch marks doesn't proof the bike belongs to me, also that since he bought it in "good faith" it means he is not handling stolen goods. Are those statements correct?

Expert:  Ash replied 1 year ago.
No. He may not be handling stolen goods. But they are still yours and you can seek a court order.
Alex
Customer: replied 1 year ago.

But what are the chances of me winning the case if I do not have any receipts of the purchase or records of the bike frame number. But some photos of me riding the unique bike and photos of specific scratch marks on it?

Expert:  Ash replied 1 year ago.
I think there is a decent chance - its unique and you can identify certain scratches.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

I have just been told by the seller the bike had been stolen. Is there anything I could do?

Expert:  Ash replied 1 year ago.
You can still apply to the Court using the method I gave above.
Alex
Customer: replied 1 year ago.

But is he liable to pay me for loosing the bike I own?

Expert:  Ash replied 1 year ago.
Yes he does not have title because it is stolen.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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