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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Reclaiming goods unpaid for


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Hi all,

 

My first post here is on behalf of a friend of mine who's in a situation. I hope I'm in the right place for posting this question....

 

 

My friend Mr A. is a sole trader (heating engineer) who has a few months back been contracted by a Ltd company (b) who specialises in commercial central heating installations. Mr A. has installed a new boiler on a commercial premises shop © on behalf of this company he is contracted by. (The shop is company b's customer).

 

It has since transpired that the company (b) is in a state of liquidation. It has just come to light that the company (b) was already in a state of liquidation when they approached Mr A. asking him to do the work! They are continuing to try to gain new business while in a state of forced liquidation.

 

The company has failed to pay Mr A. any money owed despite repeated requests.

 

The end customer - shop © has made full payment for the work to company (b).

 

There are no written contracts to speak of, only verbal agreements and maybe one or two vague emails.

 

 

Q) What is Mr A's legal rights in being able to reclaim the boiler, ie, if the shop allowed him onto their premises could he legally remove from wall and regain possession?

 

Q) Isn't technically the boiler still owed by Mr A as it has never been paid for?

 

 

Any help really appreciated on this!

 

Many thanks

 

MarkyUK

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Is company B actually in liquidation or is it administration?

 

I would find out who's dealing with their insolvency - should be on Companies House - and ask them for further information about the current state of affairs as Mr A is a creditor of company B.

 

Then you'll have a better idea of what to do next.

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Mr. A would only have a right to reclaim the boiler if there was a "retention of title" clause in his contract with B Ltd. As there was no written contract, under Sale of Goods Act ownership of the boiler passed to B Ltd on delivery. This means Mr. A is just an unsecured creditor.

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Thanks all for your replies.....

 

Incidentaly the boiler was installed direct to the end user. The middle company never actually "possessed" it as such. There were no contracts, only verbal terms of agreement.

 

 

Right, to confirm, the middle company was in an actual state of liquidation when the order was placed, with appointed liquidators.

 

My friend today rang the actual liquidators (government liquidator with .gov.uk email address). The person he spoke with said the following....(summarised)

 

- As the company was in a state of liquidation at the time that the order was made it was in effect not an order between the company and him. An act of fraud has been commited.

 

- He said that the boiler still actually belonged to my friend.

 

(also said basically that the director of the company is impossible to contact).

 

I am in no means trying to suggest that what he said is legally accurate.

 

My friend is at the moment planning to return to the shop where it was fitted and remove it. He said that he needed to return to adjust something but will use this invited access time to remove the boiler. He discussed this with the liquidator who said that this was within his rights.

 

I'm not so sure this is the right way to go. He has contacted the end user company several times but are unwilling to discuss.

 

Could the way in which payment has been made to the middle company be a factor...IE if money was transferred to his personal account rather than business account? (Unconfirmed)

 

 

Thanks again,

 

Mark

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