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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was in a partnership that had a £10,000 printing machine

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I was in a partnership that had a £10,000 printing machine on hire purchase that I am guarantor for. After the partnership desolved the company went under and the hire purchase agreemenjt was cancelled. the hire purchase company, righty, want their machine back but it had disappeared with my ex-partner, and no money has been paid for over 4 months. The police say this is a civil matter, however the machine has been taken without permission so it is stolen. Can you clarify?

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you get released from the guarantee please?

Customer:

No

Alex Watts :

The Police have refused to investigate?

Customer:

Yes

Alex Watts :

So your business partner has run off with it?

Customer:

Yes

Alex Watts :

Its bad news, if it belonged to the partnership it is a civil dispute

Alex Watts :

Sadly its only theft if you owned the whole machine

Alex Watts :

If he owned part then it becomes civil

Alex Watts :

You need to sue your former partner

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

the machine is not owned by either of us. it belongs to the finiance company who have cancelled the agreement and want it back.

Alex Watts :

Its still a civil mater.

Alex Watts :

matter

Alex Watts :

It is like if someone sells a car on finance. The finance can come and take it

Alex Watts :

Its not theft if the seller disposes of it

Alex Watts :

I am sorry

Customer:

I am working with the finiance company to get their machine but it has disappeared.

Alex Watts :

The Police can refuse to investigate there is no right that they must.

Alex Watts :

Can I clarify anything else for you?

Customer:

So, to summarise. An expensive machine that has been hidden away to avoid repossession is not considered theft.

Alex Watts :

Correct.

Alex Watts :

Its a civil matter

Alex Watts :

I am sorry

Customer:

One last question. can the finiance company just come and collect the machine if it can be located?

Alex Watts :

Yes they can.

Alex Watts :

Its their property

Customer:

OK thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Sorry. Thought of one last question. if my ex-partner sells the machine on, even though it does not belong to him, has he committed a crime?

Alex Watts :

No. Again using the analogy of the car on finance. I am sorry

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