Company refusing to remove their cash machine

[des8]

The Act requires the notice is in writing (whether or not that includes email is debated but probably OK if they are communicating that way)), but if it includes notice of an intention to sell or dispose of the goods, that notice has to be sent by recorded mail.

[jd01]

The Act requires the notice is in writing (whether or not that includes email is debated but probably OK if they are communicating that way)), but if it includes notice of an intention to sell or dispose of the goods, that notice has to be sent by recorded mail.

They've now gotten back to me saying that since their company is based in Wales (the shop is in England), and since Wales is still under lockdown, they can't remove the machine since it's not a simple process and they need to send out specialised engineers to remove the machine, they state that "any court would take the same stance, and removing their machine would be a criminal offence"! Any advice as to how to respond to that? I've told them I can't start the refurbishment until their machine is removed and they don't seem to care at all!

[des8]

I would disagree with their stance.
Firstly it is a foolish person who tries to anticipate how a court might rule.
Whilst there are strict measures in force in Wales over lock down they do not necessarily put your rights into abeyance.
It is their machine, in your property and you require its removal
How they arrange that is their concern.
They can instruct their own engineers who could attend as it is necessary work, or they could possibly instruct third party engineers in England.
e.g.*http://www.ampriceandsons.co.uk/atms.html
If the company is NOTEMACHINE refer them to their website where a special Covid19 post confirms their engineers are working!

Did you look into the matter of "vacant possession"?

[MIKE770]

Strange how delivery companies can deliver to Wales they are out of line ford not affect them only care of persons no excuse idiots

[jd01]

Did you look into the matter of "vacant possession"?

I initially was informed by the previous owner that he couldn't remove the cash machine because he was still in a contract with them, so NoteMachine would simply need the new owner to contact them to start the removal process, so I was aware that the cash machine would be there but I was under the impression that the removal would be an easy process of asking the company but it has proved to be much harder than expected.

[des8]

If your contract with the previous owner was for "vacant possession", his contract with note machine was his problem so you could possibly claim your losses from him.
At the same time tell Note Machine to get their finger out as you know their engineers are still working and so your
recorded notice still stands. (take a screen shot of their page!)

PS not all of us in Wales are obstructive!

[MIKE770]

Right there Des8

[jd01]

PS not all of us in Wales are obstructive!

I'm sure they're only using the lockdown in Wales as an excuse. I responded to them and sent a screenshot of their website, they've now gotten back saying that they need "specialised contractors" for removing the ATM which cannot be done whilst adhering to the 2m rule, they also say that this is not something that their engineers would do! Any advice on how to respond to that? By the way, do I need to apply to the court regarding the Torte Act, or would I simply dispose/sell the ATM after the notice?

[jaguarsuk]

I'm sure they're only using the lockdown in Wales as an excuse. I responded to them and sent a screenshot of their website, they've now gotten back saying that they need "specialised contractors" for removing the ATM which cannot be done whilst adhering to the 2m rule, they also say that this is not something that their engineers would do! Any advice on how to respond to that? By the way, do I need to apply to the court regarding the Torte Act, or would I simply dispose/sell the ATM after the notice?

The 2m rule is "where possible," so this is no excuse and if they provide their engineers with sufficient PPE then they will be protected.*

I would respond that the notice stands and if you have to employ specialist engineers from one of their rival operators to remove the machine you will be pursuing them for the cost of that.

[ostell]

Can you not get inside it to unbolt it from the floor ?

[des8]

Give them an introduction to that company linked in post 18 if they need specialist engineers.

There is no reason for them not to remove their machine.
Having given notice in accordance with the act you can proceed to remove and sell without any need for a court order.
Having followed the requirements of the act, you have a defence to any action they might bring

[jd01]

Can you not get inside it to unbolt it from the floor ?

The unit looks really heavy, even if I were to unbolt it, that wouldn't solve our problem since Notemachine has to show up and collect it to allow the refurbishment to begin.

[ostell]

It is heavy, very, but not beyond a hand operated pallet truck (from experience and steel capped shoes). You then get it out of the way of your refurbishment.* Even out if the* building into a store to allow you to start.* Or even outside covered by a tarpaulin in a safe place.

[jd01]

It is heavy, very, but not beyond a hand operated pallet truck (from experience and steel capped shoes). You then get it out of the way of your refurbishment. Even out if the building into a store to allow you to start. Or even outside covered by a tarpaulin in a safe place.

Unfortunately, that's not really an option not only because it's heavy, Notemachine keeps making threats about moving the ATM, I don't know if they're just trying to intimidate me or they can actually prevent me from moving it, but I don't want end up having more problems than I do now.

[des8]

Notemachine can make all the threats they like, but it does not change your statutory rights under The Torts (Interference with Goods) Act 1977.