Abandoned trailers, owner refuses to collect
Discussion
A year ago I let a local contractor store a few trailers and towable equipment in my yard in return for a bit of monthly rent.
He stopped paying after a few months and no one knows where he is. He appears to have gone to ground, deleted his social media, won't share his mobile # or location and his partner simply says he is 'working overseas'.
I've since discovered he is an undischarged bankrupt. Meanwhile his kit is getting in the way.
I finally reached him on email and asked him to pay the due rent and move the kit. I got a nasty, threatening response and he tells me he won't be back for a few months, won't be paying the due rent and not to touch his kit. I really don't like his tone at all.
What are my options, what can I legally do to clear his kit from my yard? What would you do?
He stopped paying after a few months and no one knows where he is. He appears to have gone to ground, deleted his social media, won't share his mobile # or location and his partner simply says he is 'working overseas'.
I've since discovered he is an undischarged bankrupt. Meanwhile his kit is getting in the way.
I finally reached him on email and asked him to pay the due rent and move the kit. I got a nasty, threatening response and he tells me he won't be back for a few months, won't be paying the due rent and not to touch his kit. I really don't like his tone at all.
What are my options, what can I legally do to clear his kit from my yard? What would you do?
The situation is governed by the Torts (Interference With Goods) Act 1977. You give notice that the trailers must be removed and if they are not you sell them. You deduct sale costs and hand over any balance.
The Insolvency Service can identify the bankruptcy trustee. The notice and the money go to the trustee.
The Insolvency Service can identify the bankruptcy trustee. The notice and the money go to the trustee.
OP, ignore the preceding post. Give notice, sell, account to the Trustee for the proceeds.
EDIT
If the kit has low value, the trustee may give you permission to junk it. The trustee owns the kit. Even if the contractor owned the kit via a company, the trustee now owns the contractor's shares in that company.
The Insol Service will give you the details of the Trustee because you are a creditor in the insolvency.
The debtor may be hiding the kit from the Trustee if it has value.
EDIT
If the kit has low value, the trustee may give you permission to junk it. The trustee owns the kit. Even if the contractor owned the kit via a company, the trustee now owns the contractor's shares in that company.
The Insol Service will give you the details of the Trustee because you are a creditor in the insolvency.
The debtor may be hiding the kit from the Trustee if it has value.
Edited by anonymous-user on Monday 11th May 05:21
No need for machismo. Section 12 and Schedule 1 in the attached cover this situation precisely.
http://www.legislation.gov.uk/ukpga/1977/32
http://www.legislation.gov.uk/ukpga/1977/32
Yes, that's the best thing to do. I would not be surprised if the contractor has not disclosed the existence of the assets to the trustee.
The trustee will either be the Official Receiver or an accountant on the Insol Service's list. If the kit has value, the trustee may wish to arrange for it to be collected and auctioned, but the OP may be able to assert a bailee's lien on the items until paid.
Bailee and bailor are the (Norman French) legal terms that describe a person who holds a thing that belongs to another and the person who owns that thing. Here the OP is a bailee for reward, and the trustee has succeeded to the position of the bailor.
I add that if the OP can find a buyer here or elsewhere, the OP could then approach the trustee and seek agreement that the sale can proceed, with the storage costs to the OP and any balance to the trustee.
The trustee will either be the Official Receiver or an accountant on the Insol Service's list. If the kit has value, the trustee may wish to arrange for it to be collected and auctioned, but the OP may be able to assert a bailee's lien on the items until paid.
Bailee and bailor are the (Norman French) legal terms that describe a person who holds a thing that belongs to another and the person who owns that thing. Here the OP is a bailee for reward, and the trustee has succeeded to the position of the bailor.
I add that if the OP can find a buyer here or elsewhere, the OP could then approach the trustee and seek agreement that the sale can proceed, with the storage costs to the OP and any balance to the trustee.
Edited by anonymous-user on Monday 11th May 07:33
Breadvan72 said:
Yes, that's the best thing to do. I would not be surprised if the contractor has not disclosed the existence of the assets to the trustee.
The trustee will either be the Official Receiver or an accountant on the Insol Service's list. If the kit has value, the trustee may wish to arrange for it to be collected and auctioned, but the OP may be able to assert a bailee's lien on the items until paid.
Bailee and bailor are the (Norman French) legal terms that describe a person who holds a thing that belongs to another and the person who owns that thing. Here the OP is a bailee for reward, and the trustee has succeeded to the position of the bailor.
I add that if the OP can find a buyer here or elsewhere, the OP could then approach the trustee and seek agreement that the sale can proceed, with the storage costs to the OP and any balance to the trustee.
Can you go back to charging for proper advice, this is the internet and it is so much more fun to come up with stupid and wrong suggestions and mocking each other and the op when he takes the advice and gets in real trouble.The trustee will either be the Official Receiver or an accountant on the Insol Service's list. If the kit has value, the trustee may wish to arrange for it to be collected and auctioned, but the OP may be able to assert a bailee's lien on the items until paid.
Bailee and bailor are the (Norman French) legal terms that describe a person who holds a thing that belongs to another and the person who owns that thing. Here the OP is a bailee for reward, and the trustee has succeeded to the position of the bailor.
I add that if the OP can find a buyer here or elsewhere, the OP could then approach the trustee and seek agreement that the sale can proceed, with the storage costs to the OP and any balance to the trustee.
Edited by Breadvan72 on Monday 11th May 07:33
Breadvan72 said:
The situation is governed by the Torts (Interference With Goods) Act 1977. You give notice that the trailers must be removed and if they are not you sell them. You deduct sale costs and hand over any balance.
The Insolvency Service can identify the bankruptcy trustee. The notice and the money go to the trustee.
Can the OP not take what he's owed in rent out of the sale price, too? For example:The Insolvency Service can identify the bankruptcy trustee. The notice and the money go to the trustee.
Proceeds from sale of gear = £5,000
Unpaid rent = £1,000
Sale costs = £100
Amount for handing over to bankruptcy trustee = £3,900
Or does the OP have to go about getting the unpaid rent another way?
MorganP104 said:
Can the OP not take what he's owed in rent out of the sale price, too? For example:
Proceeds from sale of gear = £5,000
Unpaid rent = £1,000
Sale costs = £100
Amount for handing over to bankruptcy trustee = £3,900
Or does the OP have to go about getting the unpaid rent another way?
I believe once it becomes agreed that the items can be sold (either through non-response or acceptance) you can cover the rent and the sale costs then return the remainder of the proceeds, but that is definitely a "check with a lawyer" job rather than a "take the word of a fat bloke on the internet who read a few books" job.Proceeds from sale of gear = £5,000
Unpaid rent = £1,000
Sale costs = £100
Amount for handing over to bankruptcy trustee = £3,900
Or does the OP have to go about getting the unpaid rent another way?
I have no idea what the law is like in the UK but I suspect that it will side with the douchbag as every time I hear about a law in the UK, the douchbag wins.
In the US at least, you can put a lien on someones stuff for unpaid bills and then go to court if they don't pay. It's called a mechanics lien (but not just limited to mechanics).
A friend of mine had a house with an acre lot in a very nice part of town. Some company was doing road work and decided to park their heavy equipment under a tree on his lot because his house was the only house without a stone wall and electric gate. He was pissed because they could have damaged the roots and killed the tree so he put a chain around the equipment and forced them to pay him. They called the police and the police told them to pay him.
In the US at least, you can put a lien on someones stuff for unpaid bills and then go to court if they don't pay. It's called a mechanics lien (but not just limited to mechanics).
A friend of mine had a house with an acre lot in a very nice part of town. Some company was doing road work and decided to park their heavy equipment under a tree on his lot because his house was the only house without a stone wall and electric gate. He was pissed because they could have damaged the roots and killed the tree so he put a chain around the equipment and forced them to pay him. They called the police and the police told them to pay him.
alabbasi said:
I have no idea what the law is like in the UK but I suspect that it will side with the douchbag as every time I hear about a law in the UK, the douchbag wins.
...
You suspect wrong. "Douchebag wins case" is a news story. "Douchebag loses case" is not a news story. The latter happens a lot more often than the former. ...
By the way, the country that invented the concept of a lien, and a great many other concepts used in American law, is called the UK.
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