Ducati Sporting Club UK > Model Specific - Discussion, Technical Problems and Help > General Motorcycles only > Help! It seems I own a stolen bike

[keith888]

Dear all,

I've just had the Police vehicle inspection unit around who have formally notified me that my 888 has been reported stolen (after they confirmed the VIN on the bike). Its all a bit strange though as it (apparently) went missing while sitting on a trailer in September 2001 (yes that long ago). The stolen trailer was recovered yesterday (minus 888 obviously) and the police have just got involved. The upshot now seems to be that I have to wait to see who tries to claim the bike (usually an insurance company). The bikes history (as I understand it from documentation I have) is as follows;

Puchased by a main Ducati dealer in Sept 2001 who serviced it and MOT'd it. Sold it to owner 4 with a clean HPI check.

Bought by owner 5 in July 2002 who ran a (clear) HPI check.

Bought by owner 6 (me!) in May 2005 who got yet another clear HPI check.

The police are currently unsure if the bike was actually reported stolen in 2001.

The police basically say I have no claim against a previous owner so am I correct in assuming I'm stuffed if the person reporting the claim can prove it was theirs at the time. Is there anything I should be doing to make sure I can keep hold of this bike? It wouldn't be so bad except the blasted thing is nearly back together and I've spent a huge amount of my time (and a not inconsiderable amount of money) on it.

Any advice much appreciated!!!

Keith

[Rob B]

Keith,

Go look at your HPI blurb again. I think you may have a claim against them if you loose the bike. Either way, very sorry to hear the tale.

Rgds, Rob

[Rob B]

Thought so:-


Guarantee summaryAt HPI, we work hard to ensure that the data we receive and manage is the best available but no data source is perfect. That's why your HPI vehicle check includes the HPI Guarantee. Subject to the HPI Guarantee Terms & Conditions, the HPI Guarantee provides up to £10,000 reimbursement of financial loss you suffer arising from inaccurate or incomplete information we supply to you as part of the HPI Check. As you'd expect from HPI, the cover is the most comprehensive available today.

Here is a summary of the main conditions:

You need to carry out the HPI Check yourself, before you buy the vehicle - the Guarantee is not transferable.
You must supply us with the Vehicle Registration Mark (VRM) and the Vehicle Identification Number (VIN) to be eligible for maximum cover available under the HPI Guarantee. The HPI Guarantee will not apply if we advise you that the VRM does not match the VIN, so make sure the information you supply is accurate (pay particular attention to '5's and 'S's, '2's and 'Z's).
Before you buy the vehicle, you must make sure that all vehicle details provided by HPI match both the vehicle and its accompanying paperwork, and notify us of any discrepancies. As a minimum, you must obtain and check the V5 registration document with us, using our Document Check facility, prior to purchase.
You must check that all the VIN markings on the vehicle match each other and the corresponding V5 registration document.
You must keep and produce to us on request a written receipt for your purchase, signed by the seller, containing the key information needed to identify the seller and the vehicle (e.g. the seller's name and address, the identity and mileage of the vehicle purchased, the date of purchase and the amount you paid).
The cover provided is based on the car's value. In the case where HPI provides incorrect data affecting vehicle title (such as theft or outstanding finance), the HPI Guarantee will cover up to £10,000, either in compensation or the costs needed to obtain good title to the vehicle (at HPI's discretion). In the case where HPI provides incorrect data affecting the vehicle's condition, the HPI Guarantee will cover up to £2,000 or 20% of the market value of the car, whichever is the lower.
The HPI Guarantee does not cover the stolen MOT service, nor a vehicle's descriptive information (including import status), mileage, value, or V5 registration document check.
The HPI Guarantee is valid for one year from the date of the check.
The vehicle must be bought and registered in mainland Britain (i.e. it excludes Northern Ireland). If it has been imported, HPI does not guarantee its history prior to arrival in this country.
If you make a claim under the HPI Guarantee, we reserve the right to inspect the vehicle and to make the final decision as to its condition and value.
You are advised to consult the full HPI Guarantee Terms & Conditions for full details of the cover provided. These are also printed on the back of every Certificate of Confirmation, where you will find details of how to register a claim.

[keith888]

Thanks Rob. Looks like I fully comply with the HPI T&C's above. I was assuming that they would just claim that database didn't show it was stolen at that time. Thats a big relief so I should not lose financially! Still need to make sure I keep hold of the bike though.

Keith

[twpd]

Nightmare dude - you might get compensation but, it doesn't replace your dream bike unless you can buy it new. Commiserations.

[keith888]

The plod were definately kosher as they had the proper van etc etc. They simply tracked me down as the registered keeper. Its apparently also possible that the stolen bike could have been a ringer of mine.

Keith

[chrisw]

Sorry to hear about your predicament. The bench mark ruling applied in such cases is referred to as National Employers v Jones

http://www.car-crime.com/n_e_m_.htm

Which basically says that you can never buy true title to stolen goods. So despite how many hands the bike has passed through since it's theft it still belongs to the original loser. That title then passes to the insurance company if there is a pay out. That said you entered into a contract with the person who sold you the vehicle and you do have redress against them. They in turn have redress against the person they bought from, so on and so forth, down the chain. So if what you are saying is true a main dealer may end up paying out to one of the parties. It can get really messy. As for HPI, did you check both the VRM and the VIN when you did the check? HPI will try and squirm out of paying out so be robust. Also, insurance companies are approachable and will negotiate.

If you want any further info send me a U2U and I will explain why I have knowledge of the above.

[Edited on 8-3-2006 by chrisw]

[DC]

Thats a real bummer mate. As already posted, hopefully you will get a good comeback from the HPI check.

The last option of the "stolen" bike being an actual ringer of yours could hold some answers??

Apart from your bike being the stolen bike, make sure that the details the local plod have, are the correct ones however unlikely.
Data on the PNC ( Police national computer ) is only as good as the person inputting it in the first place.

Hope it works out for the best mate.

DC.

[keith888]

Thanks Chris. I was really careful about checking so I will certainly be robust with HPI. The police said that one possible outcome would be that the insurance company would negotiate re title. If HPI will then reimburse that cost then all should be well! Fingers crossed.

Keith

[Carbon749]

Keith, sorry to hear your story. Guess it's everyones nightmare which is why we spend £30 odd on an HPI check.

I know it's already been said, but, I'm sure the HPI guarantee will be on your side.

Two things I would do :

1. log the issue with HPI now, your guarantee is for 12 months, get it listed now ... just in case.

2. If you have any nice bling or race bits on the bike consider getting them taken off and swapped for standard bits. At least if you have to hand the bike over you may be left with a box of nice bits to bolt on another bike.

Good luck mate.

[Edited on 8-3-2006 by Carbon749]