Company refusing to remove their cash machine

[jd01]

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

The company that gave me a quote for removing the ATM, got back to me after I gave them the email address for the ATM company and they said that they can no longer do it! I appears that they may have been threatened with legal action by this company! Is this type of behaviour normal for such a large ATM company?!

[des8]

Some companies have personnel who do not seem to be able to relate to others without issuing threats. it is not a matter of size, just individual's attitude.
They seem to get away with it because they are bullies at heart and it is often not worth standing up against them.
Funnily enough I have found solicitors to be the worst. Whilst they need to be forceful on behalf of their clients, it often tips over into making veiled threats about further action or going to court.

IMO you have demonstrated full reasonableness.
They have a duty to remove their machine.
You have followed the statutory requirements and can now just remove the machine and park it somewhere reasonably safe for them to collect* or whilst you sell it.
*

[jd01]

You have followed the statutory requirements and can now just remove the machine and park it somewhere reasonably safe for them to collect or whilst you sell it.

So far I've found two companies that can remove the unit and deliver it to Wales, but the problem is that the ATM owner is not cooperating with them, it seems that they first need the ATM owner to provide information for opening the safe and then they can unbolt the unit as it's bolted to the ground and those bolts are on the inside, so it's possible that the unit can't be removed unless the ATM company cooperates and if they don't I'm sort of stuck with it! Do you have any idea where that leaves me legally speaking?

[MIKE770]

well if they will not co-operate get a solicitors letter to them:-* also pointing out any further cost will be afforded to them, also time limit give them after which proceedings through county court be taken? a suggestion, surely all the advocates on here and students can advise?

[des8]

R0b has given some pointers on your other thread

[ostell]

Can you actually get inside the ATM?

Or can the previous operators provide details?
*

[jd01]

Can you actually get inside the ATM?

Unfortunately not as it's not a simple process, but I've found two companies that can do that with assistance from the company that owns the ATM, the problem is that they're not helping the removal company which needs the alarm to the machine to be turned off and access to the safe where bolts are.

[ostell]

Large crowbar under the edge of the safe, bolts probably in the corners, unless you can find a locksmith that can get in.* Why worry about the alarm?* Tell the police first before you disconnect.* If it's a silent alarm to another company then you will not be getting the bill for the callout!* If it's* an external alarm then remove it first.

Tell the ATM company what you are going to do before you do it and tell them that you will not be held liable if there is any damage.* That may just concentrate their minds a little bit.

As has already been said they are so big that they are used to every body going yes sir no sir and nobody stands up to them.* You have sent that letter suggested by R0b, yes?**

Just keep everything documented so you can show that you have been reasonable throughout this. What does it take to give you the codes for the safe?
*

[jd01]

Large crowbar under the edge of the safe, bolts probably in the corners, unless you can find a locksmith that can get in. Why worry about the alarm? Tell the police first before you disconnect. If it's a silent alarm to another company then you will not be getting the bill for the callout! If it's an external alarm then remove it first.

I'm leaving that as the last resort, if they don't manage to find a solution with them soon then I'll go ahead with your advice re crowbar.

Just keep everything documented so you can show that you have been reasonable throughout this.

I'm only communicating with them through email since 20 days ago when I gave them the notice, after speaking to them on the phone once I thought it's probably a good idea to keep some sort of evidence as they were trying to intimidate me over the phone.

You have sent that letter suggested by R0b, yes?

I've gave them a notice, and told them about storage charges nearly 20 days ago, I'm going to send them another email re trespass, I just hope that'll get them to take some action.

[MIKE770]

?????

[ostell]

I meant the letter saying that you will sell and deduct your costs etc


Just had thought..... trigger the alarm and see who turns up in response. Could be the company themselves which may show if they are actually locked down. Tell the police first of course.

Or you could find someone that can help*
*

[jd01]

I meant the letter saying that you will sell and deduct your costs etc

Yes, I've sent them a letter giving them a 2 week notice around 20 days ago, the unit is not actually going to sell for anything and they know that, it's basically a money drain, it'll cost a lot to uninstall and remove, which is why I'd rather try to get them to remove their unit.

[ostell]

So it's currently delaying your refurb and costing you already.* The ATM company have been given enough notice about your intentions and you have shown yourself to be reasonable.*

So the least cost option is to trigger the alarm.* I've triggered alarms in the past by just shorting the wires by pushing a couple of pins through the outer.* No damage.* A few alarm calls could persuade them to remove it.

You don't have to return it to them, they know where it is.

*

[Manxman]

I'll probably be criticised for this, but why on earth would anyone take over a shop with an ATM that they don't want planted in the front, without satisfying themselves 100% beforehand that it could be removed?* And by "satisfying themselves that it could be removed" I mean speaking to the owners of the ATM, not the previous occupier of the shop*.

Didn't your solicitor raise this issue when the lease was being sorted out, or did no one think to mention to them that the ATM existed?* Surely it must have been obvious that re-fitting the premises would not be able to go ahead until its removal was confirmed.* And surely it was obvious that that removal would have to be agreed, if not actually carried out, by the owner of the ATM.* I certainly would not be attempting any DIY removal.

*Is everybody sure that the owners of the ATM are not paying someone (like the landlord or previous occupant) some sort of fee for accommodating the ATM?* (Apologies if these points have been covered already but it's too late for me to read the whole thread).

[paulajayne]

for what reason do they refuse to do this? I do not understand

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