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Delivery up of goods


pagan61
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Hello,

 

I just got a letter back from the person who took the system in response to the letter that I send her. She is still saying that the system is here's till we pay the full balance.

 

Do you think that I should write her another letter pointing out all the laws she has broken or should start legal action now.

 

Any help and views would be most welcome.

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  • 4 months later...
  • 1 month later...
  • 1 month later...

Unless the contract provides specifically that the system remains their property until paid for, it became your property the moment you signed the contract irrespective of whether you paid for it or not. That being the case, they have wrongfully taken your property. This is aside from any potential issues with them being unlicensed. You could have a serious claim here if your business has suffered - you might want to consider getting legal advice as you could be understating your claim.

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  • 2 months later...

Hello,

 

My Small Claims goes ahead next week, I have now seen the other person's documents one is part of the agreement that I have never seen stating that the goods are hers till full payment this document was never with the orginal agreement I have fax the court stating this.

 

I was wondering if there is anything else I can do?

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  • 8 months later...

Hello,

 

Our small claims case was held on the 22 Feb 2012, the judge stated she could not rule on the day, we got a 4 page letter yesterday saying that while our case must be succcesfuland the goods was legaly ours and the defendent unlawfully take them back.

 

However our claim and the defendent counter claim has extinguish each other, does this mean we will not get any money back! The defendent has sold the goods that they unlawfully repossesed as we went to court to get the goods back, now we feel that is not right.

 

The judge will hand out her judgement on the 20 April, any help on this would be most helpful.

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Could you post up the exact text of the judge's letter so that it can be properly interpreted?

 

If your claim and the counterclaim have both succeeded and are both for the same value then neither party will recover any money as the paying party can set off what it owes against what the receiving party owes it.

 

Note that if you sued a person who has sold the goods then you will not recover the goods because the Defendant doesn't have them anymore! You would need to sue the person who is now in possession.

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Hello,

 

The letter is 4 pages we were claiming for either the goods back ie the handplate or the money we had so far paid the defedant put in a counterclaim for the money we hold them as we had reduice payments to her and she unlawly took the goods back and as we found out in court sold them.

 

In the letter the judge said our claim must be succeed in principle as the defendant wrongfully repossessed the plate, the judge said that while sussessful in principle in respect of claim is extinguished in terms of the counterclaim succeeding in respect of the unpaid contract price and the period of time for which the claimant had use of the equipment. The is no costs to pay judgment will be handed down on the 20 April.

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