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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
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Someone who bought a shed off a Receiver has taken Property

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Someone who bought a shed off a Receiver has taken Property which belonged to me from the shed which was worth between £25000 and £30000. He has never written to me or asked me to remove them although the seller said in the contract that it was up to the Byer to find out who owned any Items or Fixings at the Property . I reported it to the Police but they said that the Byer told them that he was entitled to take so it was a Civil Matter and I should be Claiming through the Courts .Could you please tell me how do I do this.
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

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?

Customer: replied 3 months ago.
He was LPA Receiver
I have photographs of all Items taken from shed an from outside shed ( Shed was in a 1 Acre enclosure )
It was an Agricultural Livestock and Storage Building 60ft x 50ft
Security was only Livestock Fencing But Byer has put locked gates on entrance and new locked door on shed
This meant that I could not Remove my Property
The items were mostly Agricultural Machinery and some sheep which were moved to market without filling the movement licence properly (they did not fill in Ear Tag Nos or fill in Transporter Details )
No he does not have goods unless he has some in the shed which he has locked
The Byer paid £25000 for Property
I have been unable to contact Receiver and he has refused to speak with me since he was appointed a week after my shed was advertised in local press . When I contacted his solicitor said that the Receiver had been unable to contact me!
The Receiver was Appointed on 11th December 2013
As explained above the Receiver has not contacted me at all an has never visited the Property ( As confirmed by selling Agent ) despite claiming £7000 for his work
Expert:  F E Smith replied 3 months ago.

Please confirm that this was a mortgaged property. At the time the Receiver took over, how much were the mortgage arrears and costs?

Customer: replied 3 months ago.
It was a Mortgaged Property . The Mortgage Company said at first that they had appointed the Receiver in August 2013 and that he would be contacting me during the next couple of days which he never did .The next thing that happened was that they Advertised my Property in December . I have another 1Acre site on which I live with my family which they tried to get possession on through the court . The Possession Hearing was to be held over 4 days at Court but on a Sunday afternoon prior to Hearing they got in touch and Withdrew their Claim and dropped their charges I went to on Monday morning and their Councel turned up with a Tomlin Order to the effect that they dropped all Claims on condition that I signed the Tomlin Order. I do not wish to Claim anything on the Mortgage Company at this time as I wish to wait the outcome of Investigations by SFO into their activities . However the taking of my Property from the shed is entirely the actions of the Byer and possibly the Agent and Receiver . It has been alleged that the Solicitor acting for the Mortgage Company is involved in this scam as he was also acting for the Receiver . I wish to a claim against the Byer of the shed as soon as possible as I need the money as soon as possible so that I can move on . If I don't do this the Investigations by various authorities into the actions of these people might take years .
Expert:  F E Smith replied 3 months ago.

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?

Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails if you wish.

Best wishes.

Customer: replied 3 months ago.
Thank you for explaining the situation so well . I have had a word with the local Court and they say I should apply for Remission as I have no Income at the moment only my Pension . Could you confirm what the position is regarding cost in the unlikely event that I lost the case Regards John
Expert:  F E Smith replied 3 months ago.

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.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you I think that I will take all the evidence in for my local Solicitor to see next week to see what he thinks my chances of winning are .As he is a Deputy Judge he might be able to advise as he may have dealt with similar cases in the past .Thank you for explaining the situation as I did not want to do anything without knowing what could happen . If something unexpected comes up I will get in touch with you .

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