A so called friend owes me money

[steampowered]

Boilerman, in this situation I don't think anyone would look too closely at the 'last known address' requirement. Since you know he is no longer living at the cabin that slightly defeats the purpose. A common sense approach is required. As long as you have taken reasonable efforts to bring the notice to his attention that should be fine.

 

Court papers are another issue. The address for service of court documents should be mentioned on the claim form.

[Boilerman]

Boilerman, in this situation I don't think anyone would look too closely at the 'last known address' requirement. Since you know he is no longer living at the cabin that slightly defeats the purpose. A common sense approach is required. As long as you have taken reasonable efforts to bring the notice to his attention that should be fine.

 

Court papers are another issue. The address for service of court documents should be mentioned on the claim form.

 

So posting to his solicitor would be they correct thing to do, as we don't have an address for him

[steampowered]

Yes, his solicitor is probably the 'last known' address. If your previous notice meets the statutory requirements I'd be inclined to simply tell this to the solicitors and assert that you are entitled to sell the goods under the Torts (Interference with Goods) Act 1977, attaching a copy of the notice you sent to him, saying that the goods are available for collection, and see what they say.

[Boilerman]

Hello all who have contributed to this post, it is still ongoing;

 

The other side's solicitor seems to be jumping around all over the place, and appears that she is flaying in deep water; as follows

 

She appears to think the cabin was sold to me, however I have never indicated that this is the case, in all correspondence I state that the cabin was given to me, there is a verbal agreement also a text message from the other party saying "you can have the cabin and the contents", at first I refused saying that it was his and that I wanted it removed. then I have further texts saying that I can have it, I replied "yes OK if that's what you want".

 

As I interpret the law on contracts, both verbal and written, it doesn't necessarily have to be a formal document, therefore am I correct in saying that as he has given me the cabin and I have accepted, that legally he has passed title to me?

 

Your continual replies and advice and very much appreciated

 

Ken

[BazzaS]

Hello all who have contributed to this post, it is still ongoing;

 

The other side's solicitor seems to be jumping around all over the place, and appears that she is flaying in deep water; as follows

 

She appears to think the cabin was sold to me, however I have never indicated that this is the case, in all correspondence I state that the cabin was given to me, there is a verbal agreement also a text message from the other party saying "you can have the cabin and the contents", at first I refused saying that it was his and that I wanted it removed. then I have further texts saying that I can have it, I replied "yes OK if that's what you want".

 

As I interpret the law on contracts, both verbal and written, it doesn't necessarily have to be a formal document, therefore am I correct in saying that as he has given me the cabin and I have accepted, that legally he has passed title to me?

 

Your continual replies and advice and very much appreciated

 

Ken

 

You are confusing some key issues : components of a contract, and if a contract can be verbal.

 

A contract can be verbal (for most things), but a contract involves "consideration" : a gift doesn't involve consideration so, a gift isn't a contract.

 

Regardless, a contract for sale of land must be in (signed) writing.

A gift of land ( as an "other disposition of an interest in land") must also be evidenced by signed writing.

Law of Property (Miscellaneous Provisions) Act 1989 S2

http://www.legislation.gov.uk/ukpga/1989/34/section/2

[Boilerman]

You are confusing some key issues : components of a contract, and if a contract can be verbal.

 

A contract can be verbal (for most things), but a contract involves "consideration" : a gift doesn't involve consideration so, a gift isn't a contract.

 

Regardless, a contract for sale of land must be in (signed) writing.

A gift of land ( as an "other disposition of an interest in land") must also be evidenced by signed writing.

Law of Property (Miscellaneous Provisions) Act 1989 S2

http://www.legislation.gov.uk/ukpga/1989/34/section/2

 

Thanks for your reply,

This is not a gift in the sense of gift, nor is any land involved, The guy put, what amounts to a large wooden shed on my patio, he left and said I could keep it as,

1, he couldn't afford to take it away, and

2. he had nowhere to take it to.

 

So if this is not a contract of transfer of ownership, what would it be, and after he gave and I agreed, has he the right to rescind this agreement without consultation or agreement?

 

This is dragging out, I have all the time in the world to resolve it, I am considering suggesting that she take the mater to litigation, but I'd like to be sure that I have legal baring.

 

kind regards

 

Ken

[BazzaS]

Thanks for your reply,

This is not a gift in the sense of gift, nor is any land involved, The guy put, what amounts to a large wooden shed on my patio, he left and said I could keep it as,

1, he couldn't afford to take it away, and

2. he had nowhere to take it to.

 

So if this is not a contract of transfer of ownership, what would it be, and after he gave and I agreed, has he the right to rescind this agreement without consultation or agreement?

 

This is dragging out, I have all the time in the world to resolve it, I am considering suggesting that she take the mater to litigation, but I'd like to be sure that I have legal baring.

 

kind regards

 

Ken

 

If no land is involved and he said "have my shed"

It is a gift.

The gift is "perfected" by delivery : so if you have possession, the gift is complete & it is yours.

 

If he claims it wasn't a gift : a court might have to decide the issue, if you claim it as a gift.

[steampowered]

If the shed is permanently attached to the land, it is treated as a 'fixture' forming part of the land and ownership can only be transferred in writing.

 

 

If the shed is just a pile of wood, which sounds like the case here, ownership can be transferred by a verbal statement and you having possession.

[BazzaS]

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Duplicate post, deleted

[Boilerman]

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Duplicate post, deleted

 

Hi BazzaS,

 

Thanks once again for your reply

 

The shed is sitting on a concrete patio, it is not fixed, and is officially regarded by Lincs Planning officer as a smokers room, and by the claimant as a store, there is some confusion here, as I believe the claimant is being guided by his solicitor, but he is not telling the truth nor the full story

 

Regards

 

Ken

[sameagle]

As it has been deemed to be a smokers room, and as we are constantly being reminded of the dangers of smoking, perhaps a disastrous fire would be apposite at this time?

 

Sam

[Boilerman]

As it has been deemed to be a smokers room, and as we are constantly being reminded of the dangers of smoking, perhaps a disastrous fire would be apposite at this time?

 

Sam

 

Mmm, food for thought, certainly solve the issue, however, I think it may create more issues lol

[*RainbowTears*]

Mmm, food for thought, certainly solve the issue, however, I think it may create more issues lol

 

I totally agree with you, you could find yourself in a worse predicament, esp as fire can get out of control & there's also the issue of the cost & clearing all the mess etc....

 

So as you say you have text messages which "your so called friend" states he's giving you the shed, as you at first refused his generous offer & after he repeats it, at this point you then you accepted it...

 

This surely means he has gifted it to yourself.. It's now yours to do with as you so wish!

 

So why on earth is he then chasing you for something he's freely given away?

 

This saga sounds more & more like you really did your best to help someone in need. The more you gave, the more he took & so it continued, so to speak...

 

Now "your so called friend" is now in a position where he's totally overstayed his welcome & owes you money, so instead of trying to settle his debts, he's now trying to frighten & intimidate you once again, from behind Lawyers letters!!

 

What an utter louse!!

 

After all you did for him, this is the thanks you get!! So correction on my part, he is an utter sc*mbag!

 

I truly hope that before too long, this whole saga is put to bed in a way that favours yourself.

 

Good luck...

[king12345]

I totally agree with you, you could find yourself in a worse predicament, esp as fire can get out of control & there's also the issue of the cost & clearing all the mess etc....

 

 

 

So as you say you have text messages which "your so called friend" states he's giving you the shed, as you at first refused his generous offer & after he repeats it, at this point you then you accepted it...

 

 

 

This surely means he has gifted it to yourself.. It's now yours to do with as you so wish!

 

 

 

So why on earth is he then chasing you for something he's freely given away?

 

 

 

This saga sounds more & more like you really did your best to help someone in need. The more you gave, the more he took & so it continued, so to speak...

 

 

 

Now "your so called friend" is now in a position where he's totally overstayed his welcome & owes you money, so instead of trying to settle his debts, he's now trying to frighten & intimidate you once again, from behind Lawyers letters!!

 

 

 

What an utter louse!!

 

 

 

After all you did for him, this is the thanks you get!! So correction on my part, he is an utter sc*mbag!

 

 

 

I truly hope that before too long, this whole saga is put to bed in a way that favours yourself.

 

 

 

Good luck...

 

I totally agree with rainbowtears.

I have a feeling that after answering to the solicitor letter and putting the story straight (backed up by evidence), the "friend" will disappear.

I cannot see any solicitor take such a case to court.

[Boilerman]

Thank you Rainbowtears,

[Boilerman]

Thank you king these are my thoughts also.

I'm also feeling that as I'm in no particular hurry for settlement, that I could perpetuate this to stack up legal cosst on his part