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Partnership ceased trading, now wants goods returned?

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  • Partnership ceased trading, now wants goods returned?

    Hello,

    I am wondering if the individual partners of a simple partnership that has ceased trading have the right to request the return of goods?

    To give the overview of the back story.....

    At the start of this year I purchased goods from a business that was operating as a simple partnership. I had a number of problems with the goods which the business refused to put right. I ended up asking for a full refund which they denied, several letters quoting sale of goods act yielded nothing. Recently I initiated court action against them and now they seem quite keen to resolve the matter making offers of refunds and arranging to collect the goods.

    The simple partnership has now ceased trading and set up as a limited company, while I am aware that the individual partners are personally liable for the partnership's debts and liabilities past, present and future I am wondering if they have the right to request title to goods if they are no longer trading?

    I have no real desire to retain the goods, however, they are of high value (approx 2k) and I do not believe that I should just hand them over (essentially giving them free stock) for them to resell through their limited company given that they put me through the ringer and refused to address the issue for months.

    Thank you.
    Tags: None

  • #2
    Re: Partnership ceased trading, now wants goods returned?

    Hi and welcome.
    I don't understand what the problem is.
    You have goods for which you want a refund.
    If the sellers are now prepared to give you a full refund and reimburse you for all the costs incurred, what more do you require?
    Is your court claim for more than that total, and if so for what extra?
    Perhaps the change of heart follows your claim, and they are approaching the matter with a view to resolving it prior to a court action.

    Comment


    • #3
      Re: Partnership ceased trading, now wants goods returned?

      Hi and thank you for your reply.

      I was thinking that if they had no right to the title to goods as the business entity has ceased to be I would rather donate the goods to a local community project rather than hand them over to someone who has no entitlement.

      My claim is for no more than the initial purchase price plus costs of essential repairs I have had carried out elsewhere as the business refused to repair or replace. I suspect you are correct, their change of tact is most likely a direct result of receiving my claim.

      Thank you

      Comment


      • #4
        Re: Partnership ceased trading, now wants goods returned?

        Hi
        [MENTION=38669]Des[/MENTION] is spot on, and i suspect if they show a judge your refusal, they may through your claim out.
        crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

        Comment

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