How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5600
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I have bought a new motorbike which was delivered 2 weeks

Resolved Question:

I have bought a new motorbike which was delivered 2 weeks ago but the only paperwork I have is the sales order showing the bike as paid in full, and assumed that the registration document would arrive in the post. I went to register the purchase on the manufacturers website but my particular bike is shown as still with the dealer on a sale or return basis. I have checked with the DVLA and they have said that the bike has never been registered. On trying to contact the dealer it would appear that they have ceased trading with the phone lines and website disconnected. If I have possession of the goods and have paid the dealer in full, but the dealer doesn't appear to have paid the supplier, who actually has legal ownership of the goods ? I paid by debit card if that give me any further options.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Do you know who supplied the bike to the dealer?

Customer: replied 1 year ago.
Hi, The company is Lexmoto based in Exeter I believe, who import Chinese bikes and then sell via there dealer network
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my

advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve pleasea.

Expert:  Jamie-Law replied 1 year ago.

@ please? @

Customer: replied 1 year ago.
I have bought a new motorbike which was delivered 2 weeks ago but the only paperwork I have is the sales order showing the bike as paid in full, and assumed that the registration document would arrive in the post. I went to register the purchase on the manufacturers website but my particular bike isshown as still with the dealer on a sale or return basis. I have checked with the DVLA and they have said that the bike has never been registered. On trying to contact the dealer it would appear that they have ceased trading with the phone lines and website disconnected. If I have possession of the goods and have paid the dealer in full, but the dealer doesn't appear to have paid the supplier, who actually has legal ownership of the goods ? I paid by debit card if that give me any further options.
Expert:  Jamie-Law replied 1 year ago.

You do not own the goods. Just because you have possession that is not enough. If they were on sale or return then that supplier owns the goods.

In order to sell goods you must have what is called 'good title'. This has not happened here and therefore the seller did not have title to give to you.

Therefore you do not have title and therefore ownership of the goods.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thanks, ***** ***** sense, but if the business has effectively shut down and the premises abandoned, who do I make a claim against ?
Expert:  Jamie-Law replied 1 year ago.

It would only be the business or who you paid I am sorry to say.

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5600
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you