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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8716
Experience:  I have been practising for 30 years.
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My property has been sold without my knowledge whilst been

Customer Question

my property has been sold without my knowledge whilst been in storage, what should i do to get it back, I know who has bought it, and the person claims he is doing it to recover for my rent. But he owed me money and agreed to store them as part of the deal and now he is pressurising me to pay the other guy or my stuff will be picked up by the buyer.
I have asked to see my belongings he refuses and says i just have to pay the other fellow and then i can pick them up. I am trying my best as i have some of my belongings that have sentimental value and others are my artworks which I need to get back.
He has also been negligent in moving my belongings from agreed storage to another location in the green house where they have been exposed to air and strong sunlights, these all was without telling me. The result is that some of my belonging has been damaged in the process.
1- how could i stop him to give my work to someone he claimed he sold to.
2- he claims that he sent me a notice but he posted it to the wrong email and i never got the email. otherwise I would have responded or arranged for it to be picked up.
3- the other fellow has paid him he says and i have to pay the buyer of my property to get my belonging released.
4- We agreed to have my works stored in his shed as part of the agreement and compensation for damages he originally caused when he was clearing my land, and the cost relates to a protacabin which I had to later pay to dispose off as it was put in the wrong place on my land.
5- There was never any agreement to pay him further rent and he had agreed to keep things after my divorce settlement and i did say i will give him a gift for looking after my things after i get some money in the process.
6- he however had pushed through and made an auction while I was away out of the country and i had no idea what was going on.
7-what course of action do i have to get my property back and to also if i can get compensation for damages.
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 7 months ago.

What is the value of the items? Ignoring whether he owed you any money, do you owe rent?

Is the agreement between you whereby you would offset what he owed you against rent, evidenced in writing?

Will the person who has the goods agree to sell them to you if you paid for them?

Did the person that sold the goods have your residential address?

Customer: replied 7 months ago.
What is the value of the items? Ignoring whether he owed you any money, do you owe rent?
the value of the items are in excess of 10k there are my paintings and items that are sentimental to me which cannot be put price on, may be not of monetary value to other peopleIs the agreement between you whereby you would offset what he owed you against rent, evidenced in writing?
no our agreement has been verbal and there was no agreement with regards ***** *****
I originally moved my stuff there since i was told i would have a working space, but later he retracted and only allowed my works to be stored there on site. which is of lesser value to me.Will the person who has the goods agree to sell them to you if you paid for them?
from what Paul has said is to pay off the person with the money he has paid, i said i would be happy to negotiate with him and come to a compromise. but £2350 is more that what i anticipated right now. the agreement i had with Paul was for him to wait until my divorce settlement come through when i could have some freedom and perhaps some extra cash as the result. but that case is still pending and I would only know at the end. I did say i will give him a gift for looking after my stuff at that time but there was no specification of the amount.Did the person that sold the goods have your residential address?
He has my addresses and has also my email
he had sent me an email but i never received it since when he sent me screen capture of it, there is a type in the email so it would have not reached me. I have already pointed out to him. if I had received notices from him I would have done my best to resolve the situation, I was away in Tokyo and i only had limited access to my phone services from UK, i would have got Email and would have responded to that quickly.
Customer: replied 7 months ago.
by the way i was meant to have gone there this morning with a van and I had some cash with me to start making a deal, but James from Jay Rubbish Clearance has had family in hospital this morning and is not available.
it has been postponed for another day, or so I am told.
It meant that all the arrangements i made to go over there and had helpers and van lined up to go do the move has been also delayed.
it is just as well as he expected me to pay James his full amount and before i could inspect my stuff to agree to clear them.
which would not have happened in any case. I was also uncomfortable to part with any money when i don't know the state of things.
From my side I would like to resolve it amicably as possible if i can but would like to know where I stand at least negotiate on best terms
Customer: replied 7 months ago.
18/06/2016 10:59
What is the value of the items? Ignoring whether he owed you any money, do you owe rent?
the value of the items are in excess of 10k there are my paintings and items that are sentimental to me which cannot be put price on, may be not of monetary value to other people
to expand on money owed, the arrangement was that i would have the storage for free and maybe start paying later, we did not specify any time frame and I did say we will deal with it after my divorce settled but have not got any concrete cost agreement. to me the storage as he has put it is of little value if i can't work there and I have told him that. He was to let me know when the situation changes and if I could work there at some point. but it has not happened.
Customer: replied 7 months ago.
please let me know if it is quicker to go through this via a call
Expert:  F E Smith replied 7 months ago.

Thank you. I can chat this through with you if you like but there is an extra charge for telephone calls which is done as a Premium Service. I will submit a premium service proposal for you shortly. You can avail of it if you wish.

Even if you owe rent and it’s accepted that you owe rent he cannot simply sell goods that you have left behind without following a statutory process.

There is legislation which governs this, the Torts (Interference with Goods) Act 1977.

He has descended notice to you as the owner of the goods telling you that unless you collect them by a certain date (it must be a reasonable period of time depending on the nature of the goods) he will sell them.

The notice has to be in writing, it’s got to be left at your proper address or sent by post by either registered or recorded delivery. It must specify his name and address and where the goods are and tell you that they’re ready for collection. If you are money in respect of the goods, or rent, it must say how much that amount is. He didn’t comply with any of that and hence, he did not have the right to sell the goods. The goods still belong to you.

You know who has them and hence, you should write to that person telling them that unless they let you have the goods back within the next 10 days that you will make an application to court for what is known as “Delivery Up”, a court order for them to let you have the goods back. If you use a solicitor to write the letter it will carry more weight. The threat of an application to court should also include a threat to apply for substantial costs against whoever has them the present.

The fact that they may have been paid for is immaterial as the seller has sold something which he was not entitled to. It would be for the buyer to take issue with the seller over that to recover any money which the buyer paid.

Can I clarify anything for you?

Please don’t forget to use the rating service to rate positive. It’s an important part of the process so that experts get paid.

Best wishes.

FES.

Customer: replied 7 months ago.
that is one thing but there is also dispute with what he expect as rent and what we agreed, i think he is just using this to strong arm me into paying him some money.
Customer: replied 7 months ago.
also would you be able to write the notice letters so it is coming from solicitor or should i try to get one myself
Expert:  F E Smith replied 7 months ago.

It doesn’t matter that you owe thousands of pounds of rent. He is still obliged to give you notice under the Act. He would have been entitled to sell them to get the rent back up until a couple of years ago but the law has changed and is no longer able to do that. He can only sell things which have been abandoned and only then after giving you notice.

In your case of course they were not abandoned at all so from his point of view, his position is even worse.

We purely give advice on the Internet and can give you wording for letters but we don’t provide solicitor services in the form of acting for you, litigation or letterhead provision. In that respect, you would need a local solicitor.

Customer: replied 7 months ago.
thanks do you have by any chance a template letter i could use to send at least i can give it to solicit or someone to post it to them.
Expert:  F E Smith replied 7 months ago.

If you are using a solicitor, then you don’t need to give the solicitor the wording because the solicitor will want to use his own wording.

I can give you the exact wording of the letter for you but there is an extra charge for drafting the letter and you would need to rate this service positively also.

I will submit an additional services proposal for you now.

Customer: replied 7 months ago.
is it possible to give me a discount on this offer please. I promise to give you best ratings.
Expert:  F E Smith replied 7 months ago.

I get 50% of the fee which is about £12 and I have to draft and type it. Although we are in the UK, the site is administered in the United States and hence fees are in dollars. I could knock 5 dollars off.

A solicitor will not even open a file for under £100

F E Smith, Advocate
Category: Law
Satisfied Customers: 8716
Experience: I have been practising for 30 years.
F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 7 months ago.
thanks for your kind response, I have already accepted the offer
Customer: replied 7 months ago.
to be clear there are both the landlord and the buyer to be sent a letter. not sure if they need to get different wordings each or best the same letter to serve them both
Expert:  F E Smith replied 7 months ago.

Letters sent by email. You need to space the writing and fill in the gaps.

Customer: replied 7 months ago.
done already thanks
Expert:  F E Smith replied 7 months ago.

I am glad to help

Customer: replied 7 months ago.
Expert:  F E Smith replied 7 months ago.

Have you not received the letters? I already have your email address. The letters were sent on the 20th at 10 AM. Thank you

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