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?
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.
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.
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.
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
Letters sent by email. You need to space the writing and fill in the gaps.
I am glad to help
Have you not received the letters? I already have your email address. The letters were sent on the 20th at 10 AM. Thank you