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  #1 (permalink)  
Old 04-21-2006, 05:50 PM
Junior Member
 
Join Date: Apr 2006
Posts: 2
Default Breach of contract, Other party is committed fraud

A guy I was seeing talked me into buying a motorcycle together. After we bought it, he came around less then just stopped. He didnt make any payments so I made them. Then a friend of his(I didnt know at the time they were friends) called me and said he had the bike and I could have it if I paid the bill on it. He had taken some parts of and my EX still had them. I agreed and gave him a check for half and told him I would pay the rest when I get the missing parts back. I called him to let him know I was taking my EX to court and get the missing parts and he told me the bike was gone. He said he sold it.

A few days ago I sent him a certified letter asking for my money refuned and he wrote me back and made a statement that he couldnt give me that bike because it belonged to someone else. Meaning, he gave it back to my EX after taking my money and agreeing to let me have it. In other word, these to guys have conned me out of paying for a motorcycle for them. I have called lots and lots of attorneys and no one will help me. This cant be legal. All I want is to get my name off this bike or sell it to pay the bank off. I dont want it back and I dont want to keep paying for it. It fraud and thief by deseptions! Its the same as stealing because they had this planned from the beginning.

PLEASE HELP!
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  #2 (permalink)  
Old 04-22-2006, 07:28 AM
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Join Date: Sep 2005
Posts: 75
Post Conned?

What were the terms of the agreement when the MC was originally purchased?
Did you and your Ex have a written agreement for payment/ownership?
Who signed what and whose names are on title?
Is it written "AND or OR"?
Did/Does your Ex have legal rights to dispose of the MC without your signature?
This "extra" fellow you talk about is apparently not a part of the the original purchase agreement and unless he has a legal lein against the MC has apparently taken your money without giving you anything in return.
I wouldn't hesitate to take this fellow to court. At least have an Atty write him a demand letter.
For that matter I wouldn't hesitate to take action against your Ex either.
You should/may own at least 1/2 of the value. Being half owner paying all of the note may allow you to reposess the MC.
Call your local Legal Aid Office if needed or hire an Atty if the value is sufficient or go to small claims court.
Love fades but bill collectors hang on for years. Clear this up before your Ex possibly gets you in real trouble.(example: un-insured accident,your state laws may allow victims to collect from you)
You may get stuck paying off the entire amount,signing it over to your Ex just to keep yourself out of harms way. Seek Counsel.
Good Luck.
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  #3 (permalink)  
Old 04-23-2006, 11:59 AM
Junior Member
 
Join Date: Apr 2006
Posts: 2
Default faded love!

There was no love in the beginning. This guy only got my attention long enough to get me to sign the contract.

I did send for a copy. Both of us are equal on the loan with "and" on the title. In other words, there is not co-signer.

I have called several attorneys. They all listen but no one will take my case. The loan was for $8100 plus interest and my EX may have made a couple of payments. I did get one attorney to write him a demand letter, but when I got no reply, the attorney said he couldnt help me because I would spend alot in fee's.

At first he lost his job. Then when I asked him to sell the bike because I could not afford it, I was told the bike would disapear and the serial number could be taken off. Then when I was told the bike was gone but no one can tell me who has it.

Can I take him to small claims and reposess the MC?
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  #4 (permalink)  
Old 04-24-2006, 10:51 AM
Member
 
Join Date: Sep 2005
Posts: 75
Question Bike Be Gone?

At this point perhaps you need to involve the local Law Agency? If no one knows where the MC is, you may need to report it stolen and contact your insurance company.
I would make the other party aware of your immediate intent.
Your local Dept. of Licensing may be able to provide you with the last known registered address for a small fee.
Check the Blue Book value of the MC. It may fall into the scope of your states Small Claims actions. You won't need an Attorney to represent you in the lower court.
In addition, I still believe you need to contact Legal Assistance or an Attorney for sound legal advice in your local area. Be prepared and be specific in your questions. This will lower your cost(time is $) and allow counsel to provide you with the best answers to prepare you for future actions.
You have many options available at this point.
Good Luck.
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