Discussion
Strange story - as is a lot of my life recently - but at least I'm out on bail.....
Sold an underfloor heating system to Mr a
hole - and he asked us to send the invoices to his building company, no problem I thought.
Stage 1 and 2 (of 3) were paid no problem.
Soon after we had sent the final invoice for stage 3 (completion), about 5,000 pounds - the building company went into liquidation.
As the invoice wasn't paid, we took ahole to the small claims court - the referee decided ahole didn't have to pay as our contract was with the building company - no idea how. Never conversed or had any contact with said firm.
Anyway, as the goods belonged to us, I went to retrieve them - the only goods we could access being two heat pump outdoor units - value about 2,500.
I'd told the police before removing them what I was going to do.
Cutting to the chase...with the heat pumps on the back of the pick up - and the two contractors driving off just as the police turned up...there was a "discussion" at the side of the road a couple of hundred metres away from ahole's house.
Eventually I was given an ultimatum by a female cop, put the units back or be arrested. As I hadn't removed the units (not allowed on the property), and they belonged to me, and re-installation takes time and tools...I ended up being arrested.
Up before the beak at 8.30 in the morning. the charge is theft of over 500 pounds - maximum penalty seven years in clink.
No formal interview has yet taken place - so it will interesting to see what the police attitude is (police do prosecuting here). The charges could be changed, but there is a fundamental problem with the theft charge - I didn't take them, and I reckon they belong to me (title to the goods has not passed as the building company didn't pay, hence they couldn't sell them). Even the liquidator suggested I get the units.
As long as I'm not locked up in the morning I'll report back.
(BTW, when I went to retrieve the pick up, ahole had taken them, either that or someone else has stolen them).
Sold an underfloor heating system to Mr a
hole - and he asked us to send the invoices to his building company, no problem I thought.Stage 1 and 2 (of 3) were paid no problem.
Soon after we had sent the final invoice for stage 3 (completion), about 5,000 pounds - the building company went into liquidation.
As the invoice wasn't paid, we took a
hole to the small claims court - the referee decided ahole didn't have to pay as our contract was with the building company - no idea how. Never conversed or had any contact with said firm.Anyway, as the goods belonged to us, I went to retrieve them - the only goods we could access being two heat pump outdoor units - value about 2,500.
I'd told the police before removing them what I was going to do.
Cutting to the chase...with the heat pumps on the back of the pick up - and the two contractors driving off just as the police turned up...there was a "discussion" at the side of the road a couple of hundred metres away from a
hole's house.Eventually I was given an ultimatum by a female cop, put the units back or be arrested. As I hadn't removed the units (not allowed on the property), and they belonged to me, and re-installation takes time and tools...I ended up being arrested.
Up before the beak at 8.30 in the morning. the charge is theft of over 500 pounds - maximum penalty seven years in clink.
No formal interview has yet taken place - so it will interesting to see what the police attitude is (police do prosecuting here). The charges could be changed, but there is a fundamental problem with the theft charge - I didn't take them, and I reckon they belong to me (title to the goods has not passed as the building company didn't pay, hence they couldn't sell them). Even the liquidator suggested I get the units.
As long as I'm not locked up in the morning I'll report back.
(BTW, when I went to retrieve the pick up, a
hole had taken them, either that or someone else has stolen them).caziques said:
Sold an underfloor heating system ... send the invoices to his building company
As the invoice wasn't paid, we took ahole to the small claims court - the referee decided ahole didn't have to pay as our contract was with the building company - no idea how.
Because you sent the invoices to them.As the invoice wasn't paid, we took a
hole to the small claims court - the referee decided ahole didn't have to pay as our contract was with the building company - no idea how.caziques said:
Never conversed or had any contact with said firm.
Yet you sent the invoices to them...?caziques said:
(police do prosecuting here).
Where's "here"?<looks at profile>
New Zealand.
You would be far better asking for advice on a forum where people are on the same side of the planet as the legal system that's applicable...
IANAL but this seems sensible to me
What did it say on the terms sent to the business
If they had the terms and it stated the items belong to you until paid for you will probably be ok
If no terms were supplied then you may well find the asset has passed to the liquidator and you will be another creditor
What did it say on the terms sent to the business
If they had the terms and it stated the items belong to you until paid for you will probably be ok
If no terms were supplied then you may well find the asset has passed to the liquidator and you will be another creditor
TooMany2cvs said:
Where's "here"?
<looks at profile>
New Zealand.
You would be far better asking for advice on a forum where people are on the same side of the planet as the legal system that's applicable...
^^^<looks at profile>
New Zealand.
You would be far better asking for advice on a forum where people are on the same side of the planet as the legal system that's applicable...
This. The vast majority of advice in this forum is UK people and UK law. Any advice extending to NZ is likely to be high risk.
OP, get some professional, local advice.
caziques said:
(BTW, when I went to retrieve the pick up, arshole had taken them, either that or someone else has stolen them).
Report them stolen from your van, this would make the police have to prove who owns them as 2 people cant report them as stolen and claim ownership.Edited by PAULJ5555 on Monday 15th August 16:30
I like this story.
You call the police, telling them you are about to reclaim (steal) goods.
You go to reclaim (steal) the goods.
You are angry because the police turn up and have arrested you for reclaiming (stealing) the goods.
(I fully sympathise with you OP, but this was avoidable none the less.)
You call the police, telling them you are about to reclaim (steal) goods.
You go to reclaim (steal) the goods.
You are angry because the police turn up and have arrested you for reclaiming (stealing) the goods.
(I fully sympathise with you OP, but this was avoidable none the less.)
It always blows my mind why people do these stupid things like notifying the police
All the police are there to do is gather evidence and prosecute if evidence is sufficient
If you're planning on doing something that could be viewed as potentially problematic, don't do the police's job for them FFS
All the police are there to do is gather evidence and prosecute if evidence is sufficient
If you're planning on doing something that could be viewed as potentially problematic, don't do the police's job for them FFS
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff