URGENT HELP PLS Legal Eagles
Discussion
Seems January is proving to be a month of idiots for me, two none payers playing games but I've got that under control.
A family member however is in a predicament and I'm trying to assist.
Here are details:
1. Products to value £25k delivered to prominent London property development. Retention of title until payment received for goods on invoice to the contractor.
2. The contractor who ordered them goes bust prior paying my family member.
3. The property developer claims to have paid the contractor, no documents seen to this effect.
4. Family member goes to site to collect goods, is told to leave site and he is not getting goods back.
5. Police refuse to assist until a trespass allegation of breach of peace is received.
They are his goods, he has documents to prove it. The property developer in my opinion should allow my family member access to retrieve his goods and pursue the liquidators of the contractor for their money.
What would happen if he refused to leave site without his goods without being threatening or abusive, simply refused to move until they were loaded up?
What do we think?
A family member however is in a predicament and I'm trying to assist.
Here are details:
1. Products to value £25k delivered to prominent London property development. Retention of title until payment received for goods on invoice to the contractor.
2. The contractor who ordered them goes bust prior paying my family member.
3. The property developer claims to have paid the contractor, no documents seen to this effect.
4. Family member goes to site to collect goods, is told to leave site and he is not getting goods back.
5. Police refuse to assist until a trespass allegation of breach of peace is received.
They are his goods, he has documents to prove it. The property developer in my opinion should allow my family member access to retrieve his goods and pursue the liquidators of the contractor for their money.
What would happen if he refused to leave site without his goods without being threatening or abusive, simply refused to move until they were loaded up?
What do we think?
IANAL, nor am I in business but it strikes me that your family member has no contract with the property developer and the goods are still his (FM's) as he has not been paid for them. The PD needs to recover his funds from the builder's estate/administrators if he believes he has a claim and either return the goods to your FM or pay him for them. Your FM could force the issue by merely turning up and loading goods. It's unlikely that any security at the sire would actually lay hands on him and if they did he could call the Police himself claiming assault, surely?
From the other thread on this topic...
sleepezy said:
Dave - there are a number of factors that have to be taken into account here - not just the validity of your RoT clause (normally very poorly written) but also whether your goods have been incorporated, can they be separately identifiable and has the customer already sold them on.
1st thing to do, as soon as you possibly can, is to arrange with the administrator to get round to the customer site, identify the goods you consider to be yours, and agree with the administrator that they at least exist. This will draw a line in the sand so that you're just arguing validity of claim. Without verifying their existence you're really on a hiding to nothing.
1st thing to do, as soon as you possibly can, is to arrange with the administrator to get round to the customer site, identify the goods you consider to be yours, and agree with the administrator that they at least exist. This will draw a line in the sand so that you're just arguing validity of claim. Without verifying their existence you're really on a hiding to nothing.
Vaud said:
From the other thread on this topic...
url of other thread please to read thru??sleepezy said:
Dave - there are a number of factors that have to be taken into account here - not just the validity of your RoT clause (normally very poorly written) but also whether your goods have been incorporated, can they be separately identifiable and has the customer already sold them on.
1st thing to do, as soon as you possibly can, is to arrange with the administrator to get round to the customer site, identify the goods you consider to be yours, and agree with the administrator that they at least exist. This will draw a line in the sand so that you're just arguing validity of claim. Without verifying their existence you're really on a hiding to nothing.
1st thing to do, as soon as you possibly can, is to arrange with the administrator to get round to the customer site, identify the goods you consider to be yours, and agree with the administrator that they at least exist. This will draw a line in the sand so that you're just arguing validity of claim. Without verifying their existence you're really on a hiding to nothing.
jonamv8 said:
url of other thread please to read thru??
It's in the same forum, literally 2 down from your post. It even had a descriptive title (unlike yours...) 
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Vaud said:
jonamv8 said:
url of other thread please to read thru??
It's in the same forum, literally 2 down from your post. It even had a descriptive title (unlike yours...) http://www.pistonheads.com/gassing/topic.asp?h=0&a...
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