engine builders closed down with my engine inside still!
engine builders closed down with my engine inside still!
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Discussion

nicolelh

Original Poster:

69 posts

149 months

Tuesday 16th December 2014
quotequote all
Just looking for some advice and if anyone has been (unfortunately) in the same situation.

My bottom end and parts have been at said engine builders since October, I've had a few hold ups with parts needing replaced from main dealers etc, but they received everything needed to complete the build 2 weeks ago. I dropped one of the employees a text this morning asking for an update as I hadn't heard anything and he told me to give him a call.

Turns out the business was closed down by the owner last Monday, and employee assumed I would've been contacted. Apparently its shut down due to a divorce settlement. He then went on to let me know he's been struggling to get his last pay, he finally got it after a lot of harassing but now his numbers blocked. He's given me the number and I've had no joy. Went down to the place in case there was a contact note, but it's all shut down completely with nothing to state why or what to do next.

The iffy way he's acted with an employee and the fact it's been over a week and no one has tried to contact me is really worrying me. The parts they've got are over £1200 worth of brand new parts.

The police don't want to know, and told me to contact whoever's closed it down, but as far as I'm aware, the owner closed it down himself.

I'm beyond gutted at the moment frown

Vixpy1

42,699 posts

294 months

Tuesday 16th December 2014
quotequote all
Have you been there?

PositronicRay

29,047 posts

213 months

Tuesday 16th December 2014
quotequote all
Companies house should have a list of directors.

TheAngryDog

13,267 posts

239 months

Tuesday 16th December 2014
quotequote all
Vixpy1 said:
Have you been there?
nicolelh said:
Just looking for some advice and if anyone has been (unfortunately) in the same situation.

My bottom end and parts have been at said engine builders since October, I've had a few hold ups with parts needing replaced from main dealers etc, but they received everything needed to complete the build 2 weeks ago. I dropped one of the employees a text this morning asking for an update as I hadn't heard anything and he told me to give him a call.

Turns out the business was closed down by the owner last Monday, and employee assumed I would've been contacted. Apparently its shut down due to a divorce settlement. He then went on to let me know he's been struggling to get his last pay, he finally got it after a lot of harassing but now his numbers blocked. He's given me the number and I've had no joy. Went down to the place in case there was a contact note, but it's all shut down completely with nothing to state why or what to do next.

The iffy way he's acted with an employee and the fact it's been over a week and no one has tried to contact me is really worrying me. The parts they've got are over £1200 worth of brand new parts.

The police don't want to know, and told me to contact whoever's closed it down, but as far as I'm aware, the owner closed it down himself.

I'm beyond gutted at the moment frown
I think he has been down there.

Vixpy1

42,699 posts

294 months

Tuesday 16th December 2014
quotequote all
TheAngryDog said:
Vixpy1 said:
Have you been there?
nicolelh said:
Just looking for some advice and if anyone has been (unfortunately) in the same situation.

My bottom end and parts have been at said engine builders since October, I've had a few hold ups with parts needing replaced from main dealers etc, but they received everything needed to complete the build 2 weeks ago. I dropped one of the employees a text this morning asking for an update as I hadn't heard anything and he told me to give him a call.

Turns out the business was closed down by the owner last Monday, and employee assumed I would've been contacted. Apparently its shut down due to a divorce settlement. He then went on to let me know he's been struggling to get his last pay, he finally got it after a lot of harassing but now his numbers blocked. He's given me the number and I've had no joy. Went down to the place in case there was a contact note, but it's all shut down completely with nothing to state why or what to do next.

The iffy way he's acted with an employee and the fact it's been over a week and no one has tried to contact me is really worrying me. The parts they've got are over £1200 worth of brand new parts.

The police don't want to know, and told me to contact whoever's closed it down, but as far as I'm aware, the owner closed it down himself.

I'm beyond gutted at the moment frown
I think he has been down there.
Missed that bit.. Doh

Pothole

34,367 posts

312 months

Tuesday 16th December 2014
quotequote all
Of course I'm not advocating B&E, but how secure is the building?

Froomee

1,503 posts

199 months

Tuesday 16th December 2014
quotequote all
Pothole said:
Of course I'm not advocating B&E, but how secure is the building?
Contact the owner if you get no joy then consider the above and take your stuff back... again police won't be interested.

Speak to people/businesses that are near and see if any know where the owner live.

LordHaveMurci

12,338 posts

199 months

Tuesday 16th December 2014
quotequote all
Pothole said:
Of course I'm not advocating B&E, but how secure is the building?
a lot of risk for little reward as the building is almost certainly empty of anything of any value.

Lumpyuk

126 posts

174 months

Tuesday 16th December 2014
quotequote all
http://wck2.companieshouse.gov.uk//wcframe?name=ac...

Search for the company name it might have his home address registered. Give him a visit smile

Vixpy1

42,699 posts

294 months

Tuesday 16th December 2014
quotequote all
PositronicRay said:
Companies house should have a list of directors.
Looks to be a non Ltd company

loafer123

16,746 posts

245 months

Tuesday 16th December 2014
quotequote all
Bailiff them?

TheDoggingFather

17,384 posts

236 months

Tuesday 16th December 2014
quotequote all
That's pretty st luck, hope it's resolved. Have you tried the Social Media route, see if you can contact anyone via that?

SteveSteveson

3,209 posts

193 months

Tuesday 16th December 2014
quotequote all
Froomee said:
Pothole said:
Of course I'm not advocating B&E, but how secure is the building?
Contact the owner if you get no joy then consider the above and take your stuff back... again police won't be interested.
Yes they will. The engine is a civil matter. Braking and entering is a criminal matter.

Best thing to to, write a letter saying you want the stuff back, give them 7 days, then go see a solicitor or find a debt collector. It is not very complex, but there may be issues over who owns what, assuming it is not all parts that have been handed over for work. It all depends on how the business is being closed down. Although, if it is not a limited co then he is personally liable.

Make a list of what you are owed, write a letter explaining what he has of yours and send it too him at the company address, or home if you can find it. Give a deadline saying if you don't get it back you will take legal action to recover. Then talk to someone about what to do next if your not confident with court action.

Magic919

14,561 posts

231 months

Tuesday 16th December 2014
quotequote all
SteveSteveson said:
Braking and entering is a criminal matter.
No it isn't.

anonymous-user

84 months

Tuesday 16th December 2014
quotequote all
First of all contact your local Official Receivers office to se if the guy is subject to a Bankruptcy Order if its a sole trader (non Ltd Co), ifs its a Ltd Co it will be a winding up order. If he isnt subject to anything yet, there may be a petition in the loop they can advise you of. You can ask their advice regarding your property but you will need to prove ownership, then you can rightfully reclaim it all back though it may take a while.

At a guess, the trader will owe HMRC a lot of money and they will scoop up all the liquid assets, cash etc. I doubt any other creditors will see any return. The other stuff that can not be identifed as having a rightful owner, tools etc will probably go to auction when a Receiver is appointed, if there is value in the case, it will be passed on to a Company, if there is no value, the OR will do it from his office.

Technically breaking and entering to reclaim your goods IS a criminal matter as once a Bankruptcy Order or WUL has been passed, ALL assets belong to the Official Receiver who will then seek to identify the rightful owners and return their property before trying to realise any other assets. Breaking and Entering leaves the site unsecure and, should you be caught, you would be culpable for a whole lot of stuff going missing if scumbags spotted it...

AS an example, I worked in an OR offfice for a while, case came in, a simplr bankruptcy order agaisnt a self employed builder. The builder had a van which he needed to carry on working. As Bankruptcy order was passed, OR technically owned the Van as it was an asset in the case but it wasnt worth enough to justify realising - OR could have chosen to sell it and then provide a elsser value ban to the builder to allow him to carry on working (contrary to popular belieff, builders dont need bran new pimped up T5 VW vans to lug cement around wink - so OR immediately returned ownership of the van to the bankrupt so he could carry on working.

The Divorce settlement line sounds like bullst, if you have a big dovorce settlement to pay, you surely keep working? you dont shut your means of income generation down without warning?. As I said, I'd guess HMRC have cottoned on to him and he is now looking at a large tax bill, declaring himself insolvent will absolve him of this bill but comes with other consequences.



Edited by anonymous-user on Tuesday 16th December 14:07

SteveSteveson

3,209 posts

193 months

Tuesday 16th December 2014
quotequote all
Magic919 said:
SteveSteveson said:
Braking and entering is a criminal matter.
No it isn't.
Well, breaking and entering is not the name of a crime in the UK, and you could get in to the technicalities of trespass law and criminal damage, depending on what is required to enter the building, but I doubt those are legal arguments the police will be interested in if the building is alarmed (which it probably will be, as a commercial building) and the OP is found carrying an engine out.

nicolelh

Original Poster:

69 posts

149 months

Tuesday 16th December 2014
quotequote all
Building has metal shutters and a big bar across it to stop any ram-raiding I suppose. I'm a 5 foot tall girl so I dont think I'm going to have much luck with that.

It is a Limited Company, just spoke to Companies House and they've given me the directors name and address...
also Insolvency Services have confirmed it's still an active company that isn't in liquidation or anything with petitions filed.
At least if they had gone into liquidation I'd have something to pursue frown

This isn't looking good at all.

Ari

19,826 posts

245 months

Tuesday 16th December 2014
quotequote all
SteveSteveson said:
Braking and entering is a criminal matter.
What if you just coast to a halt and then enter..? scratchchin






getmecoat


Ari

19,826 posts

245 months

Tuesday 16th December 2014
quotequote all
nicolelh said:
I'm a 5 foot tall girl so I dont think I'm going to have much luck with that.
Suddenly I think you're going to get a lot of white knights (and requests for pics from saddos with no imagination).

Best of luck with it, stty thing to happen.

anonymous-user

84 months

Tuesday 16th December 2014
quotequote all
Ok, simple answer is confront the owner, it is your property and you have the right to remove it from his premises at any time. If the owner isnt interested or tries to fob you off, stand on his doorstep and call the police. Again, it is your property and you can remove it should you wish to do so. Ignore any excuses etc that he might make, just ask for your property back.

I will put money on it being HRMC related, it nearly always is, in which case a WUL will not be long coming... I'd guess he has been hit with the bill, HRMC are waiting to be paid, he cant pay it and is closing up shop. It wil ltake a while for HMRC to get their case together, present the WUO etc.

For him he loses very little, the soon to be defunct Company will be struck off and he will be banned from holding directorships for a few years. He could well be back in the same premises doing the same thing next year only his wife is the Director of the new Company and he is a paid employee... the UK Director/Insolvency laws are a pile of ste.

I cant remember if its the date of cessation of business or the date of the Winding Up Order that is important here, assume WUO, in which case he has time to flog the assets and things as this would assist in raising the money to pay the bill (noth that I'd guess he has any intention of paying it) but he can not legally sell your property. When it comes to the WUO, there will be no assets, just a big empty garage and a hefty tax bill so there will be no assets to realise, no dividends to creditors etc...


Edited by anonymous-user on Tuesday 16th December 14:25