Was this a LPA receiver?
What proof do you have that there was £25,000 worth of items in a simple shed?
Receipts, photographs? May seem rather an odd question but what kind of security was there on the shed?
What is the nature of the goods?
Does the buyer still have the goods?
How much did the buyer the buyer pay directly to the receiver?
Has the receiver confirmed these items were sold?
How long ago did the receiver take over the property?
Has the receiver admitted these items were sold without contacting you?
Please confirm that this was a mortgaged property. At the time the Receiver took over, how much were the mortgage arrears and costs?
Whoever took control of the goods and disposed of them is in breach of the Torts (interference with Good) Act 1977 which deals with goods left on premises. They have to make a reasonable attempt to contact the owner of the goods to tell them that they will be removed within a reasonable period of time. The reasonable period is not specified but is about one month depending on the nature of the goods and whether they would be easily available or not.
If the goods were in the property at the time of the purchase, and it was the buyer that sold them, then the buyer is responsible. I’m inclined to think that it’s not so much a scam as a situation where the buyer thought that he was able to simply dispose of these goods.
Whether the receiver has any culpability would depend on whether he simply sold the building with whatever was in it and didn’t actually sell the goods themselves.
Even if they had tried to contact you and couldn’t for any reason they had you had not removed the goods, they still have to count to you for the proceeds.
If you issue proceedings against the buyer, it is not going to be particularly quick and it could easily be 12 months before this get to court. There is no way of speeding up process. I don’t know what defence the defendants going to come up with but these proceedings are not going to be cheap and if you were to lose, and the defendant were using solicitors, you could face legal costs running into tens of thousands of pounds. By the same token, if the defendant loses, he would be ordered to pay whatever value the was in the goods and pay your own legal costs as well as his own.
Can I clarify anything for you?
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It was my pleasure to assist. Remission only applies to the Court fee, not the legal costs. Hence, if you use solicitors, you would be responsible for those costs at whatever rate you can negotiate with the solicitor and if you lost your claim, you would also be responsible for the defendant’s legal costs at whatever rate his solicitor was charging him.