For those who have been following my plight with the 05 GS that I got THREE WEEKS AGO.. I finally received a fax back from the lienholder. Asking me for my account # and SS #. Since I do not have an account with them, I called them, and actually got to a real person for once :2guns:!!!. She looked up the account.. her exact words:
"There is an issue with the account. But I cannot discuss it with a third party until you fax me proof (the title) that you are the new owner."
So I'm pretty much f*****, I guess. I'll be faxing the title tomorrow in order to discuss it.
I feel really really bad about this....I'm really sorry I got you into this mess....
Hey it's not your fault I was the dumbass who didn't know what a lien meant.
I didn't even think to ask because I wasn't part of the transaction, but I should have. I know how disappointing it is to have a bike and not be able to ride it.
Well most likely I'll have to wait until next summer to ride :cry:
It happened to me too, i bought my bike in May of 05, couldn't ride it until October, but I was away at school so I couldn't really ride it until this summer. It sucks I know but I still wouldn't trade my gs for anything!
Well the problem isn't waiting it's money. I mean if I was riding it justifies spending 3400 on bike + gear.. but now it's basically I just kissed that money away. It's really put me into a bad situation.
meaning u needed the money you'd be saving if you were riding?
I'm telling you its not hard to track someone down in this area..this guy soooo justifies a visit
Yeah meaning I have a lot less money than I'd like, considering I have not received anything from it. If I was riding it would be a different story I knew I was going to be kind of tough but I was willing to do it in order to ride.
This is :bs: .
If.. maybe I should say when.. they call me and tell me the account is not paid, we will be taking legal action immediately.
Good plan, sucks if it has to come to that
Hmm.. I'm down for a raodtrip. I can't fit a baseball bat on my GS.. but I'm sure I could buy one there, for cheap. Can I crash at your place, after I rearrange this guy's face?
:laugh: :laugh: :laugh: This guy apparently has a fan club...i know a few other local guys looking for him..
Really... well that does not make me feel good at all. Why are they looking for him?
I'm not sure on the details but he apparently did some "not so nice things to a female friend" of one guy
Oh I thought you meant about money. The guy seemed nice when I met him, seemed like a normal guy, same age as me about. Which is why I trusted him even though in the back of my mind I was like bad idea... I was too impatient to get on a bike and the deal seemed killer.. guess now I know why.
Got a call back from HSBC.. apparantly they no longer handle his account and I have to call a different company by the name of CRI. So I left them a message per their automated instructions, we'll see what happens with this. :bs: :bs: :bs: :mad:
The bike is not paid off. The person I talked to at CRI (which is a debt collection agency) has told me that the debt was nowhere near being paid off and that even the 2900 I paid would not have paid it off. I e-mailed the seller, Paul Archambault Jr, about returning my money. I would of course return the bike to him. My dad is also calling his father (the ACTUAL owner of the bike per the title) as I type this. Hopefully he can just return the money and I return the bike, otherwise I'm going to have to get police involved.
OK that really really really really sucks....why are people so freaking shady? This kid is in for it....
All I want is my 2900 back. If he gives me that, I'll give him the bike and say cya later. If he doesn't.. then I am going after him for all I can.
Quote from: Altephor on July 18, 2006, 07:56:44 PM
The guy seemed nice when I met him, seemed like a normal guy, same age as me about. Which is why I trusted him even though in the back of my mind I was like bad idea... I was too impatient to get on a bike and the deal seemed killer.. guess now I know why.
My friend made that mistake too. Guy seemed alright, till he ended up with my friend's R1 without ever paying for it.
Hope everything works out for you. Some ppl of the world just need to be taken out of it. He sounds like a perfect example.
OK I guess this shoulnd't be mentioned in a public forum ...
But how about you buy a titled frame ... and ... :laugh: ...
I guess you paid for it ... so it wont lessen the hurt ...
Cool.
Srinath.
My dad tried the numbers that were given to us. At the house number, someone answered and said that neither Paul Sr. or Jr. lived there. At the work number somebody else answered and said basically the same thing, and said that he's been getting a bunch of phone calls from Texas (the collection agency) about him.
So, I may have just lost 2900. My dad is calling the Waterford Police now.
I don't think you've lost it, I know people who know him, he also stated he was living in Halfmoon, NY
The guy at the debt collection place (CRI) told me that other people have been looking for him too.
This is :bs:, because when I called the house number, I was told Paul Jr does not live there and that I WAS SPEAKING TO HIS FATHER.
The description of the guy (gravelly voice) that my dad gave to me after he called was pretty much the same, so I'm pretty sure it was the same guy.
Might I also suggest posting on Ride-NY
ANYONE WHO KNOWS Paul Archambault Jr AKA NINTENDOCREED Please contact me IMMEDIATELY if you know how to get in touch with him etc.
Don't tell them why, don't tell them what is going on just, state that its imperative that you know where he is and talk to him immediately. Don't forget to give the Waterford police his cell phone number etc. Waterford has an excellent police department, I've had a few run ins. :laugh: This really sucks, again I'm really really sorry.
Well the Waterford police told me to talk to my local PD since everything occurred here when he dropped the bike off.
Quote from: seshadri_srinath on July 19, 2006, 08:34:55 AM
OK I guess this shoulnd't be mentioned in a public forum ...
But how about you buy a titled frame ... and ... :laugh: ...
I guess you paid for it ... so it wont lessen the hurt ...
Cool.
Srinath.
That's really not a bad idea ... Hell you could buy and old junker with a straight frame and swap all the parts. When you find Paul and get your money back give him back his bike with an old worn-out engine, shocks, battery, etc.
-M
I don't want to do anything illegal. I want my money back. Period. What happens to the bike after that, I don't care.
Check and see who is responsible for the lean, should be the previous owner. If it is then buy a title-able frame and switch everything over. If your worried about that being illegal check first. I dont see how it would be considered illegal you bought the bike what you do with the bike is your buisness not anyone else's.
If they come to repo the bike you will be out the bike and 2900. Brings up another question do they repo bikes like they do cars?
Yes they do
Damn, even if he gets arrested or you take him to small claims court how are you going to get him to pay up the $2900? He's already showed that he can't be trusted with everything that you have posted about him. He's probally already spent your money by now anyway.
Get the a frame move everything over when they come to repo the bike just give them the empty frame and say thats how it was. None of the parts should have a serial number.
"None of the parts should have a serial number"
i looked at mine ,its got ser#s all over the place it's a 2000
Basically I've been told that because the loan was to him I am in no way responsible for paying it, and then should he be unable to pay the money back for the bike, I should be able to get a court order to release the lien and allow me to title it cleanly in my name.
I'd get that in writing or something. You dont want to double pay for the bike when he defaults. Since the bike won't be in front of him. I'm going to bet he defaults.
What does defaulting do? And get what in writing from whom?
The part about a court releasing the title to you sounds like the best option. You are correct that the lien is NOT yours, so you shouldn't have to bear its burden. Don't be shady like this guy...do it all nice and neat and document everything (dates, times, names, #s), and you will thank yourself later. Our legal system benefits those who have the patience to do all the tedious BS, or those who can afford to pay people who will do it for them!
Good luck.
-Patrick
Hmm only serial number my bike has is on the frame everything else was just part numbers.
Altephor I didn't know they would release the bike to you if he defaults and you would be able to register it under your name. If thats the case do what Twinlove04 said.
Just didn't want to read a later on that they took the bike and you lost the $2900.
Well I'm not entirely sure if that is true, as it wasn't told to me by someone in the legal profession. It does make sense however, been then again things that make sense generally don't happen to me.
If your not sure better find out ask someone. I know when my ex-wife's friend's car got repo'ed it didn't matter who's name it was they didn't even ask. Two men showed up they walked to the car, one guy drove the car off the 2nd guy left a note saying the car was repossed then left.
That would be difficult as the collection agency does not know where I live, and there's no documentation (yet) connecting my bike to the address because I have no registered due to the lien.
Quote from: Altephor on July 19, 2006, 11:45:59 AM
Basically I've been told that because the loan was to him I am in no way responsible for paying it, and then should he be unable to pay the money back for the bike, I should be able to get a court order to release the lien and allow me to title it cleanly in my name.
Not so sure about this, the bike is listed as collateral for the loan. If the loan isn't paid, then the bike stands for the debt. I don't think the court can just say the lien is released...And even if they do, the collection agency that has the debt won't care. They're pretty shady businesses...
Man, this whole deal really sucks, hopefully things will work out for you.
Went to my local PD, they assisted in checking it out but said it's more likely a civil matter. Technically it's not cut and dry larceny since I have the bike and he has the money. But since I can't register or USE the bike it's not right either. The police said they would do some checking into it. His father was called and maintains he doesn't know where his son is or any number to contact him. So we're calling our attorney and it may end up in small claims.
I'm actually glad to hear that its working out like this. Since the loan uses the bike as collateral. I couldn't see how it was so cut and dry.
Keep up updated on this. Kind of curious how it all turns out
Well this guy keeps telling me that the lien release is coming, and that he's talking to someone at HRS to get it released.. I asked for the name and number of the person he's speaking with but he hasn't responded yet. I have a feeling when he does there will be some excuse for as to why he can't give me the number.
He's clearly lying, banks don't hand over an account to a collection agency when the lien has been released. He knows he's in trouble now. On a happier note, someone on Ride-NY knows exactly where he lives, and its not Waterford.
I asked one guy on ride-ny if he had an address for him. He hasn't gotten back to me yet. If he does get me an address I can bring it to the police and have them find a phone number if there is one.
Still no word on who he is 'talking with' about the lien release.
Update* He just e-mailed me and said he would have the phone number and name of the person at the lienholder that he has been speaking with by 11 pm tonight. Said he was not 'in' at the moment and did not have it with him.
Sorry to threadjack, but how does someone avoid this happening to them in the future.
1. Ask if there is a lien and don't buy from someone with a lien on their title? Doesn't seem like a good option, this would rule out lots of bikes for sale.
2. Meet with the seller at the bank holding the lien, pay the bank and get the lien release on the spot?
3. Make your payment out to the bank holding the lien, instead of the seller of the bike?
I have done the bank thing. Meet them at the bank and pay the bank the lien amount and make sure they will register you as owner and send you the title after releasing the loan.
Cool.
Srinath.
Quote from: flyingbeagle71 on July 20, 2006, 12:33:43 PM
1. Ask if there is a lien and don't buy from someone with a lien on their title? Doesn't seem like a good option, this would rule out lots of bikes for sale.
That's harsh. I bought my GS, and the previous owner gave me the "lean satisfied" letter from the bank with the VIN on it, along with the leined title. All was smooth, and the state sent me a clean title in my name.
Quote from: flyingbeagle71 on July 20, 2006, 12:33:43 PM
Sorry to threadjack, but how does someone avoid this happening to them in the future.
1. Ask if there is a lien and don't buy from someone with a lien on their title? Doesn't seem like a good option, this would rule out lots of bikes for sale.
2. Meet with the seller at the bank holding the lien, pay the bank and get the lien release on the spot?
3. Make your payment out to the bank holding the lien, instead of the seller of the bike?
Any of the above will work. 1. means that there is no lien or the lien has been released (ie paid) and works fine for cheaper bikes. I'd be pretty surprised if someone had a loan on a $2000 bike. 2. means that you can verify the amount due on the note and that the sale price will cover it and that you pay the money direct to the bank. 3. will also work - make the check out to both seller and lienholder, then seller endorses and sends to lienholder, who releases lien and sends the title.
I've bought/sold cars or bikes all three ways and never had a problem. I think the mistake made by the orginal poster was to hand over cash for a bike - generally money (deposit excepted) shouldn't change hands except for the title.
C.
PS Good luck to the OP in getting the money/clear title. I don't think the court can release the title though. As others have pointed out, it is property that secures a loan. If you buy stolen goods in good faith, you don't get to keep them.
Any news on how this is going?
Yeah theres another thread. He's going to meet with the owner and give the bike back. And he's getting his full amount of money back as well.
well I suppose that's not the wordt possible outcome.
I take it the meeting is in a public place and some sturdy mates are going along as witnesses.
What's the title of the other thread BTW?
http://gstwins.com/gsboard/index.php?topic=28803.0;topicseen