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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Injunction hearing is on 14/8/14 .as the byer of shed has

Resolved Question:

The Injunction hearing is on 14/8/14 .as the byer of shed has taken more items from site I would like to know if he should be doing this . Is it true that if a receiver is not a registered insolvency practitioner he cannot remove items of machinery without a court order.
Regards
John
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Has the application been issued? If so, what is ex-parte or is this on notice?

Customer:

No it has not been issued as the Judge wanted to have a Plan of Shed and Adjoining land and he wanted a full statement from me by 2/9/14 . I took these into court at 10.00 am on 2/9/14 as the court order said by 2.00 pm

Customer:

No it has not been issued as the Judge wanted a Plan of shed and adjoining land and he wanted a full statement from me by 2.00 pm on 2/9/14. I took these into court at 10.00 am on 2/9/14 and sent copies to Defendants by Guaranteed Delivery .The Defendants were supposed to respond by 16/9/14 but they have not responded yet .

Alex Watts :

Ok - when is the hearing for?

Customer:

Sorry the revised hearing is on 14/10/14

Alex Watts :

Ok - so you want to know if he can be removing items when the Injunction has not been granted yet?

Customer:

Yes as he did not have vacant possession to pass on to any byer as my livestock and machines were still on site . I think this fact is proved as they have applied to the court for Possession now .

Alex Watts :

Ok - sadly you can't do anything about it until an injunction is granted.

Alex Watts :

But by him doing this means a Judge is more likely to do it and indeed order that he return all the missing items

Alex Watts :

Further he is likely to be penalised on costs for his conduct

Alex Watts :

But until the injunction is granted he can do these things - he just may be ordered to re-deliver them back

Alex Watts :

Can I clarify anything for you about this today please?

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