Delivery up of goods

[pagan61]

Hello,

 

Can anyone please give me any information of delivery up of goods, as I belived that my goods have been unlawly taken from me

[wannabedebtfreesoon]

Hello,

 

Can anyone please give me any information of delivery up of goods, as I belived that my goods have been unlawly taken from me

There is law, authority, statute and case law to support claims where goods have been wrongfully interfered with but I think we really need a lot more detail to be able to assist further

[pagan61]

Hi,

 

we brought a compure system to aid our business, we paid £2,750 cash and agreed to pay a futher £150.00 for 12 months , however the system as not been making the money as we were told it would and told the company that we would have make smaller payments and the company agreed by email as we had missed a few payments that they would rather have something than nothing.

 

They than asked if we could make a full payment a few months later I email back to say we could not as we had been making the money but would carry paying the smaller payement, I heared nothing more from them.

 

While at event we were doing the person from the company came up to us and say that they wanted there money £1200 there and than, we stated thst we did not have that kind of money to give them. They took a part of the system out of our compure box pushing my husband out of way and said we would get it back till we give them the money. She also inform usthat we system remains hers till the full amount has been paid, this is the first time we had been inform off this as there is nothing on contrect that we sign.

 

We than offer her two weekes after £600 cash and would paid £100 month to settled it as I cannot run my business without it but she said no and than inform if she did not have the full amount of £1495 by the 30 September she would sell it.

 

We are now thinking of taken legal action

[wannabedebtfreesoon]

That sounds terrible! What kind of contract did you sign? If possible could you scan and post it up removing any personal details please?

[pagan61]

Hi

 

It was just a very basic one that we argeed to pay £150.00 a month for 12 months for the system. Myself and husband sign it. That is all that was on the contract, nothing more.

[wannabedebtfreesoon]

So there were no terms and conditions, it wasn't headed as "Hire Purchase", or regulated in any way?? Does this company hold a consumer credit licence or are they regulated by any other governing body?

 

If that is the case then you have a very strong case for all manner of things!!

 

 

• Theft
  
• Wrongful interference with goods
  
• Conversion
  
• Trespass to goods
  
• Unlawful repossession
  

To name but a few!!

 

In my opinion, at this stage I would write a letter before action requesting they return your property immediately and write off the remainder of the contract, if this restitution is not forthcoming you will be making a complaint against them to the FOS, OFT, trading Standards etc (depending on who they are regulated by), and may end up taking legal action for the return of all monies paid, the return of the goods or value of, damages, costs and interest if a suitable solution is not reached as a matter of urgency.

 

That is what I would do in your situation but ultimately it is entirely up to you what course of action you choose

[pagan61]

Hi

 

There were no terms or HP agreement just letter that the company did theirselves for us to pay the £150.00 a month and we never told that system would still alone them till we paid the full amount off, I belived that as we already paid £3,60.00 off that she can not sell it and does belong to us!

 

I have written a letter to her stating if we do not have the system back or our money back will be taken action, just like to know what we put on a small claims form, someone told about delivery of goods, also she might of broken the contract why taken goods back.

 

Thank you for your help

[reallymadwoman]

I would be going to the police to report this as theft and possibly assault as the husband was pushed out of the way.

I would also be speaking to trading standards and asking them to investigate this company.

[pagan61]

Hi

 

I did think about the police but at the time, it happen on the 11 July don't the time line about reporting it, will be taken her to court as I think we have a very good case.

[wannabedebtfreesoon]

Hi

 

There were no terms or HP agreement just letter that the company did theirselves for us to pay the £150.00 a month and we never told that system would still alone them till we paid the full amount off, I belived that as we already paid £3,60.00 off that she can not sell it and does belong to us!

 

I have written a letter to her stating if we do not have the system back or our money back will be taken action, just like to know what we put on a small claims form, someone told about delivery of goods, also she might of broken the contract why taken goods back.

 

Thank you for your help

Before you can make a claim you need to strictly adhere to pre action protocol or your case may be struck out. This means that you need to exhaust all other possibilities of settling this first and only use court as a last resort.

 

Has she replied to your letter?

[Surfer01]

Theft without a doubt. They are in serious trouble as you could lodge a claim for compensation against then in addition to the theft. We are assuming that at no pointy yu gave her permission tor emove the part from the system.

More than likely they don't have a credit licence so could be in even deeper trouble. Check whether they have a credit licence as I think this needs to be stated somewhere but some one who is better informed can update you.

Basiclly they have removed "tools of trade" and even a bailifff cannot do that for bad debt if it is personal. Is the business a limited company or sole trader?

[wannabedebtfreesoon]

Also, do you have anything in writing or any witnesses to prove that they took the goods and are effectively holding you to ransom over them??

[pagan61]

Hi,

 

We tried to some sorted of agreement by offering her £600 cash if she could give system and would set up a standing order from our own personal back back it is an aura hand plate that we use at MBS events the system can not run with out it, she would not agreed to this, stating that she want the full amount or she would sale the system.

 

Our business adivser also tried to talk to her over the phone stating that it was good offer that we have made and she should agree to it, but again he could get no where with as well.

 

We have written a her letter stating that if we do not hear from her within 10 days we will be taking legal action, this has been going on since the 11 July I have lost number of events therefore lost money.

 

The were people who saw what happen, we did not allow to take the system she took from our compuire box the lid was closed at time as my had just put in the box.

[wannabedebtfreesoon]

I would be inclined to write another letter outlining why you believe she has committed an offence and the offences she stands accused of and the restitution you require in order to settle this before legal action becomes necessary.

 

Was the person an employee of the company? Have you tried complaining to the boss of the company? If you do end up making a claim, it will be the company that you sue and not the individual so you really need to address letters direct to the company's legal department and not necessarily an individual.

[Surfer01]

Depends whether the otehr side was a limkitged company or not. Pagan61 are you a limited company or not? Can you post up a copy of the agreement removing all persoanl info? Thanks.

[pagan61]

Hi

 

I am a sole trader, will tried and see if I can get a copy of the contrect up, but I said it something she drew herself on her headed paper just stating that we were to pay the £150 a month for the system no terms on the contrect or the invoice for the money we had paid her.

[pagan61]

The person runs the company, took the system off us, it is a small company but they are the only ones in the UK that sell the system

[pagan61]

Hello here is the contrect

 

[Surfer01]

Far too small. Can you set up a photobucket account and re-post please. However from what I can make out, they have offeed credit without a credit licence which is a serious offence. Secondly no default notice although the credit agrement is illegal. No court summons so another illegal action. I guess you woudl be entitled to some serious compensation for you if it went to court.

[pagan61]

Hi I have a better image of the contract,

[Surfer01]

Still very difficult to view. Have you tried photobucket as that is what people use to load images? As a sole trader you are a consumer and may be protected by consumer law. Maybe it si time to visit a solicitor aqs in the meantime you are losing money. From the info already supplied I would say that you stand a very good chance of winning plus claiming compensation.

[pagan61]

[pagan61]

Hi

[pagan61]

Hi

 

Will be going to the small claims court tomorrow to pick a form

[wannabedebtfreesoon]

Hi

 

Will be going to the small claims court tomorrow to pick a form

You can actually download the form online, it is called an N1 The link will take you straight to it.

You can also find guidance notes and other useful information on the HMCS Website

 

Best of luck