help re unpaid debt
Author
Discussion

big hair

Original Poster:

256 posts

221 months

Wednesday 9th July 2014
quotequote all
If someone leased some storage space from me and hadn't paid up for several months despite me chasing them would I be within my rights to sell their items to repay the debt?

I have tried to get a claim via moneyclaim but I think the address they gave me is false.

paoloh

8,617 posts

235 months

Wednesday 9th July 2014
quotequote all
I would send a letter recorded to the address they gave you giving 14 days notice.

No response, the goods are yours IMO.

big hair

Original Poster:

256 posts

221 months

Wednesday 9th July 2014
quotequote all
good idea - thanks for that

Stoofa

959 posts

199 months

Wednesday 9th July 2014
quotequote all
paoloh said:
I would send a letter recorded to the address they gave you giving 14 days notice.

No response, the goods are yours IMO.
I'm not a lawyer, however I should point out this is "in the opinion" of the guy above. You really should check the legalities of all this - PH lawyers (with the exception of actual lawyers/solicitors etc.) are notoriously poor.

pork911

7,365 posts

214 months

Wednesday 9th July 2014
quotequote all
paoloh said:
I would send a letter recorded to the address they gave you giving 14 days notice.

No response, the goods are yours IMO.
Ignore this advice.


What does the lease say for items left and address for service?

big hair

Original Poster:

256 posts

221 months

Wednesday 9th July 2014
quotequote all
It wasn't a lease as such - more a hire of the unit. They agreed to pay 6 months in advance per renewal. They still owe 6 months rent that was due in Dec

Nors

1,291 posts

186 months

Wednesday 9th July 2014
quotequote all
You could do a Storage Wars auction on it for the contents.scratchchin

pork911

7,365 posts

214 months

Wednesday 9th July 2014
quotequote all
Any paperwork at all?

When did it start?

Did they make any payments?

Have the left? When?

How much do they owe?

What items? Value?

Red Devil

13,530 posts

239 months

Wednesday 9th July 2014
quotequote all
pork911 said:
paoloh said:
I would send a letter recorded to the address they gave you giving 14 days notice.

No response, the goods are yours IMO.
Ignore this advice.


What does the lease say for items left and address for service?
+1

AFAIK a landlord in E&W has no lien on a tenant's goods. Detinue was abolished in 1977.
It makes no difference that it is merely storage space and not living accommodation.
http://www.landlordlawblog.co.uk/2010/04/27/landlo...
http://www.legislation.gov.uk/ukpga/1977/32/conten...


big hair

Original Poster:

256 posts

221 months

Wednesday 9th July 2014
quotequote all
yes - I have a basic agreement - it was a music rehearsal/recording studio. The agreement lists how much to pay and when payments are to be made. It has a provision that they are responsible for electric which hasn't been paid either. They signed and agreed the detail.

They had made some payments - sporadically and apart from the initial period have always been arrears until Dec when they stopped paying altogether. Despite numerous calls & promises the money wasn't paid and eventually I gave notice that locks were to be changed if no payment was made. No response. I subsequently did a claim via moneyclaim but when I checked the address that they put on the agreement - that address does not exist. They refuse to return any calls or texts now.

They still have musical equipment inside which if sold would possibly just about cover the outstanding money.

PAULJ5555

3,554 posts

207 months

Wednesday 9th July 2014
quotequote all
So they lied on the agreement about the address, that will look good if they try and claim off you for the musical items.

Pot Bellied Fool

2,264 posts

268 months

Wednesday 9th July 2014
quotequote all
I think you'd be ok but I know 3/5ths of buggerall!

The people I use are www.matrixlegal.co.uk - very efficient & professional at collecting commercial debts.

PurpleMoonlight

22,362 posts

188 months

Wednesday 9th July 2014
quotequote all
If it's a commercial property lease then yes you can levy Distraint and seize goods to the value of rent owed.

Motorrad

6,811 posts

218 months

Wednesday 9th July 2014
quotequote all
Stuff just tends to go missing from abandoned places. wink

herewego

8,814 posts

244 months

Wednesday 9th July 2014
quotequote all
Maybe the stuff would pack up into a small area somewhere which would allow you to re-let the unit.

12lee

193 posts

196 months

Wednesday 9th July 2014
quotequote all
PurpleMoonlight said:
If it's a commercial property lease then yes you can levy Distraint and seize goods to the value of rent owed.
After providing seven days' written notice. Fortunate for you that their provided address results in no response. It appears that you will need to appoint a bailiff/enforcement agent. linky

Red Devil

13,530 posts

239 months

Wednesday 9th July 2014
quotequote all
If the address given by the debtor is false how is the required notice of enforcement going to be served on him?

big hair

Original Poster:

256 posts

221 months

Thursday 10th July 2014
quotequote all
yeah this is the problem - but I suppose I can only serve these things to the address I have been given?

12lee

193 posts

196 months

Thursday 10th July 2014
quotequote all
big hair said:
but I suppose I can only serve these things to the address I have been given?
big hair said:
but I think the address they gave me is false.
Sometimes one can overthink these things. If you're going to use due process, follow the information you've been given. Alternatively, change the locks, empty the room, new temporary ebay account and f*** them. If they ever darken your door and complain, tell them to f*** off. IANAL but I believe do things to completion either one way or another.

mel

10,168 posts

306 months

Thursday 10th July 2014
quotequote all
Yeah, get in the Green Mile cut the locks and don't allow anyone over the threshold, they can look but not touch. Then get a bald bloke with a speech impediment to make random gargling noises while pointing at a motley collection of reality tv wannabes before flogging the entire contents for a stupidly over inflated four figure sum. Then try and justify the purchase price by dragging out random items of assorted ste and claiming they are worth three times the stupid price paid on their own. You could even make a tv program about it.

Alternatively if you are unable to serve distraint on the occupier due to a bogus address it is acceptable to attach the Notice to the outside of the building at a main entrance.