Bizarre tale, but here goes.
I bought a cheapo bike as a commuter from eBay about 2 months ago. I've fixed it up and used it a few times. Today the Police came calling; they were there to seize the bike I bought on eBay as it was stolen.
However, they did not have any details (Make, model) nor frame number. So I sent them away. They were acting for another force and they asked me to speak to them. I called them and the case officer is not around until Wednesday. Great.
So I've contacted Fleabay to ask if I have to give up the bike, can I get a refund? They say it's outside 'buyer protection' limits of 45 days and I can go whistle. Now Ebay have cheerfully passed on my details to Plod and are now shrugging their shoulders.
What can I do if the Police come back? Can I get a refund?
No, you bought stolen property - you don't get anything back.
When they come back, tell them the bikes been stolen.
AGAIN.
I didn't add, I paid via Paypal
Start a paypal dispute and give all the details you have on the seller to the police.
I'd expect them to prove it was indeed stolen with a frame number or photo's from the original owner or something
Else I could pick a newly listed bike off of ebay report "my bike" as stolen, wait for it to sell, then point out the listing to the police and ask them to get it back for me. I'm sure this is not the case, but I'd still expect some proof from the police. I'd expect to know what was happening with regards the person that sold it to you as you are now a victim of their crime(s).
If you've put new bits on I'd swap them back to the state you purchased the bike in if you can.
. . . you sure it wasn't the seller and his mates in fancy dress police uniforms trying to retrieve the bike, that they mistakingly sold to you, before not having retrieved the kilo of coke they'd hidden down the seat tube . . . . .possible?
sell it on ebay?
Start a paypal dispute and give all the details you have on the seller to the police.
I can't start a dispute; it outside 45 days.
Ebay have given Plod the detail of the geezer I bought it from.
What Plod don't seem to have is any detail tying the bike in my garage to one that was stolen.
I think it used to be called 'proof'
Once they provide proof, you'll have to take the hit and give it back then pursue the seller for your money.
Once stolen, it remains stolen. Was not the seller's to sell.
I would be wanting some solid proof that it was stolen before handing it over to the police.
And if they can't provide any, then you are the only one with proof of ownership, as you bought it off ebay and can prove it.
When they come back, tell them the bikes been stolen.AGAIN.
Beaten to it. 😈
I think you are right to expect evidence that links the bike in your garage to the person claiming to be the rightful owner (e.g can he produce a receipt and a record of the frame number?). If not then tough...
yes - make it clear to the police you want them to pursue the seller for selling stolen goods / fraudgive all the details you have on the seller to the police
Caveat emptor
Look on the bright side. Some bloke will get his stolen bike back. That's good news surely?
I had a car stolen once. after about 6-7 weeks it was found by the police and I went to pick it up. Did feel quite sorry for the poor sod that had unwittingly bought it. I assume he was the forlorn looking fella staring out of the bedroom window as I drove off in 'his' new car.
The gist of it is that once proven that it's the same bike as stolen from the original owner you'll need to hand it back, any losses you've incurred will be down to you to try and recoup.
any losses you've incurred will be down to you to try and recoup.
Yes.
And how would I do that?
well that's the bit I put about pursuing the seller. It probably wont be easy or quick though 🙁
If the police\ebay\paypal will give you some details small claims?
PITA!
well that's the bit I put about pursuing the seller. It probably wont be easy or quick though
In all honesty I doubt it will be fruitful. How much are you out of pocket? It might just be a case of learning from it and moving on if it's not too great an amount of cash.
The other complication is that I believe that possession of stolen goods is still a criminal offence regardless of how you came to be in possession of them.
Give the police the details of the seller - it may be another piece of the jigsaw they need to nail him/her for stealing/selling on stolen goods. Then go and visit the seller to request your money back (with some mates??)
Good luck
ride it like you stole it..?
It might just be a case of learning from it and moving on
I'm not sure what lessons can be drawn from the situation; the buyer did nothing wrong, and there was no way of knowing it was stolen. However, i fear you may be right - chalk one up to experience and write it off as a bad job.
Best of luck.
My car got stolen once. Was found dumped and covered in blood. Nice ! I didn't ask too many questions. The Cops returned it that way so clearly no serious climb. Pretty gross tho.
But anyway, how much did you pay for the bike ?
if it is proven stolen, then Ebay and PP must be guilty of handling stolen goods.
or is making commission on criminal activity legal 🙂
The other complication is that I believe that possession of stolen goods is still a criminal offence regardless of how you came to be in possession of them.
Not really.
It needs to be proven that you "know" or "believe" them to be stolen goods for it to be a criminal offence.
if it is proven stolen, then Ebay and PP must be guilty of handling stolen goods.
When were eBay or Paypal in possession of the stolen bike ?
So eBay had handled (as is facilitated the sale of) stolen goods?
Oops, beaten to it.
Again.....
It needs to be proven that you "know" or "believe" them to be stolen goods for it to be a criminal offence.
OP..don't tell the police it's been stolen again..especially after posting on a forum about what you should/ can do. There was a chap sentenced this week after asking/ posting on a forum about how to ' get off ' receiving points on his licence.
Oh..and it's morally wrong.
If the bike was insured and they have paid out, then the bike would be the property of said insurance company.
Maybe they would sell you it cheap.
Also I would definitely look at finding out exactly where I stood legally as far as eBay is concerned.
But at the end of the day if it was your bike that was stolen you would want it back and Rightly so.
U lot lol
Ebay couldn't care less as long as they are earning out of it.
Duffer - MemberI'm not sure what lessons can be drawn from the situation; the buyer did nothing wrong, and there was no way of knowing it was stolen
Did the seller provide the original purchase receipt?
💡
i take it police have already got the guy who sold you it to you off ebay.
Yep, eBay have helped the Police fully, which is the right thing to do.
When it comes to helping me, they are a bit more reluctant. They claim the best bet is to approach my bank and use the Direct Debit indemnity to get my money back form Paypal.
That's if they can prove I have a stolen bike. They need to do a bit more than say someone recognizes it from an advert.
Ebay couldn't care less as long as they are earning out of it.
Hit the nail on the head there. They don't give two flying Ducks about whether its stolen or not, as long as it sells, they make their 20% and they take no responsibility. I bought a stolen bike off ebay and paid via bank transfer, all of the details of the POS seller were false and ebay said nothing I could do because I didnt use PP...
I hate Ebay/Paypal with a passion and wish a hacker would go in to Ebay and ruin them..
Anyway, Rant over..
Its unlucky but it happens, you need to get hand written proof of sale even when buying off ebay, and get a photo of their ID and have the receipt signed etc etc.. This is the only thing the police said to me, get physical proof of sale.
Long shot but you could try VISA or Mastercard and see if your covered for the purchase on your card. Its effectively a fraudulent transaction??
It looks like the OP used his bank account rather than a credit card however the advice to go speak with them and see if they can help is sound.
I would have thought that Paypal have got a bit more to answer to here, using the 45 days as a convienient get out clause.
If I'm not wrong you've 'bought' the bike from Paypal who have bought the bike off the seller on Ebay, whom knowingly or not have advertertised stolen goods.
Both Ebay and / or Paypal - (who are owned by Ebay)must hold some if not all of the responsibility, I'd have a look at the sales of goods act and take it from there.
If you'd paid by credit card it would have been simples as they'd reclaim the money of Paypal and sort it out amongst themselves, you may get somewhere with your bank.
It depends how much you paid as to how far you go.
posiwev - MemberIf I'm not wrong
You're wrong.
Following the details of the story:
You have bought the bike through a legitimate trade facility and presumably paid a fair amount for what you purchased. It is not like you bought in in local pub.
As such the actual purchase was legitimate; the problem was the fact that the goods were stolen.
You have a claim against the goods albeit your claim generally will fall behind that of the original owner. However the original owner may have been paid out by his insurance.
First make sure that you are giving up property that is definitely stolen, then contact the solicitors department of the force who are dealing. You need to lodge your interest in interpleader proceedings, you never know the result so it is worth a try although it may not go in your favour.
To be honest if the bike is proved to be the stolen one, I'm not that arsed about fighting for it.
What I am concerned is getting my money back from eBay/Paypal/Bank. This won't cover what I have spent on it, but I'd be satisfied with that.
Is this unreasonable?
I bought a car that turned out to have been stolen, or mostly stolen, about a year previously. I knew it was rebuilt following a crash, but neither I nor the guy I bought it from knew that the bulk of the rebuild was a stolen car, but with the identity of the crashed one. Police told me I couldn't sell it, and I had a letter from the original owner's insurance. I pointed out I'd bought it in good faith and had spent money replacing parts myself, so bits of it were mine. After about 6 months the insurer told me I could keep it as goodwill. I assume they decided the situation was complex enough that it wasn't worth the legal fees. Your situation is less complex, but having bought it in good faith and spent money on the bike should count for something.
You can keep all the bits you have bought to fix/upgrade the bike. They are yours.
Providing you still have the original parts to put back on surely.
I am not sure PayPal or eBay really have any responsibility to be honest. You simply used their services to buy something. They haven't withheld any details from the police or obstructed anything. If you had posted a cheque would the post office be liable for shifting your money? It's bloody bad luck that it took so long for the police to arrive (not saying they must have say on it by the way) but I have a horrible suspicion that regardless of whatever anyone thinks eBay or PayPal should do, they will have an awful lot of experience of this kind of thing and their processes as probably set up to ensure their liability is very, very limited.
Doesn't help you get your cash though, is there an equivalent to the motor insurance protection against uninsured drivers for other stuff? Never heard of one, but I have never had to look thankfully. Probably worth a trawl through your house insurance, and give them a call as they stick all sorts of extras on to be more appealing that you might not have noticed.
Hope you get some restitution...
It is the frame that is marked therefore the only part of the bike that can be proven to be the owners, all other parts could have been put on at any other date such as those you've replaced. I would remove ONLY the parts you replaced at your cost and fit original parts if you still have them. If the parts were not fit for purpose then the original owner would of had to replace them anyway and any upgraded or newer parts you put on are yours which you've presumably got receipts for.
I am not sure PayPal or eBay really have any responsibility to be honest.
Yet if it hadn't turned up, or was materially different to the description I would be covered. It's what is known laughably as "Buyer Protection" and is what Paypal takes a fee to cover.
Not all the original parts are on the bike; as I replaced some. But who knows what was done before I got hold of it?
if its any consolation Scott you are certainly not the only one to have lost money as a result of fraud on e-bay. I did - lost £350. They did put the guy in jail after a couple of years as he had ripped loads of people off, but I didnt get any money back
@ScottCheg - I am somewhat at a loss to see how you think you have a claim against PayPal, bank, eBay etc ? Do you think these companies should protect you against buying stolen goods ? Surely it's common knowledge that a reasonable portion of goods on eBay / other online sites are less than legitimate ? That's a risk you take when you buy from them, ditto the guy in the pub.
If I'm not wrong [b]you've 'bought' the bike from Paypal who have bought the bike off the seller on Ebay,[/b] whom knowingly or not have advertertised stolen goods.
What a load of rubbish 😀
Paypal is a Bank, not a bloody bike shop.
@Scott - btw the way take off all the bits you bought, if you don't have the originals just leave it as is.
did you pay pay via paypal balance or a card attached to your paypal account? If so is there any protection on that card???? just a thought.....
Not all the original parts are on the bike; as I replaced some. But who knows what was done before I got hold of it?
The eBay listing will be their point of reference for what condition it was in and what parts were on it.
All of the parts which you bought are rightly yours so you should remove them. Tell the police that the components which are missing were parts you felt that needed to be replaced and you planned to do so.
when did the police approach ebay?
was it within the 45day period?
did ebay stall just long enough to wriggle out of their responsibilities?
one would assume that the original owner didnt wait 45 days to recognise his bike on ebay? he would have seen the auction?



