help please I've received a £18000+vat invoice not from old asset owner

[jcbkabs]

help please Ive received a £18000+vat invoice from a company I don't do business with.

I changed some old equipment for company (a) at their customers building. I sent a letter to company (b) registered business address the owner of the old asset informing them that it will be held for 30 day for free then £35.00 per day per pallet up to a maximum of 60 day I will the dispose of I sent another letter on the day sixty giving 30 days notice that that I will dispose of at a scrap yard. which I did on day 95 on day 115 they make contact with my client asking for their old asset my client comes to me and I inform them I've disposed of the old asset. they then inform my that they have receive a invoice for £18000+vat which they have told me I have to pay. then a few days later I receive an email with an invoice attached requesting payment for £18000+vat for compensation for the removed asset.



how should I respond to this email ?
as I can afford to pay this as this is about 4 years worth of profit for my small company

[Amethyst]

Re: help please I've received a £18000+vat invoice not from old asset owner

How much do you storage charges come to ? ( just out of interest ) - ie was it more than one pallet ?

Really would need more detail on the contract between the customer and the asset owner, and the customer and you, to see if the contract between you and the customer transferred the agreement between them and the asset owner to you.

[jcbkabs]

Re: help please I've received a £18000+vat invoice not from old asset owner

hi there was 4 pallets.


theres nothing in any of the contract other than the old asset will be kept at a dry secure location that will be notified to the asset owner which I have done.

[des8]

Re: help please I've received a £18000+vat invoice not from old asset owner

Did you send the notifications by registered post, or personal delivery?
After deducting the cost of storage was there a surplus from the sale to the scrap dealers?

[jcbkabs]

Re: help please I've received a £18000+vat invoice not from old asset owner

hi thanks for the reply

we always just send them normal first class post as our yard is next to the local royal mail sorting office

there is still a large value after off setting the scrap moneys received

[des8]

Re: help please I've received a £18000+vat invoice not from old asset owner

Pity you didn't send notice by recorded delivery.
However, other than that slip, you do appear to have acted within the spirit of Torts (interference with goods) act 1977 (http://www.legislation.gov.uk/ukpga/1977/32)
Section 12 Bailees power of sale and Schedule 1.
Notice of intention to sell should be sent by recorded post (schedule 1 PartII 6 (4)

The money raised by sale to scrap dealers (less storage and expenses) belongs to the owner of the machinery.
Is there a large difference between the invoice amount and the scrap value?
How is that valuation reached?

If in a worse case scenario it was to go to court and the courts found against you, it could be that the owners also move against the scrap dealer to recover the machinery.
Has the scrappy yet disposed of the machinery? If not he should be warned to retain it and all the while the storage charges are racking up.

It might be worth having a quick word with your solicitor to see exactly were you stand.

[jcbkabs]

Re: help please I've received a £18000+vat invoice not from old asset owner

not got a solicitor for business
the scrappy has already disposed of it

there's a few thousand pound still owed for storeage enen after the £500 scrap monies

they want the loss of rental plus the cost to replace the old asset. ive priceed it up a abot £8000 +vat to replace the old asset

[Kati]

Re: help please I've received a £18000+vat invoice not from old asset owner

Can't you (again) bill them for your storage costs? as a counter-claim?

[jcbkabs]

Re: help please I've received a £18000+vat invoice not from old asset owner

that's what i'm going to do but I was looking to see if anyone know of a good solicitor who deals with business matters

[des8]

Re: help please I've received a £18000+vat invoice not from old asset owner

Can't help with the solicitor. Suggest you ask around and see if there's one locally with a good reputation.
You might find this link useful: http://www.sra.org.uk/consumers/usin...solicitor.page

Can't understand how the figures stack up:
4 pallets@ £35 p.d. each for 95 days = £13,300 storage
Less (paid by scrap dealer)........................ 500
Balance owing to you for storage,,,,,,,,,,,,£12,800

Owner now looking for £18,000, made of of his valuation of machinery plus "loss of rental".
How has he valued the machinery?
What is this "loss of rental"? Obviously whilst the machinery was stored with you there was no "loss of rental", so is this alleged loss future rental?

[jcbkabs]

Re: help please I've received a £18000+vat invoice not from old asset owner

I think it is future rental but he has not broken the invoice down
I've just noticed that he's marked it as compensation so I have emailed him asking for a full breakdown of his invoice.

can't see why I should pay him compensation?

[des8]

Re: help please I've received a £18000+vat invoice not from old asset owner

OK, when you get further info and if you can't find a solicitor, come back here.
LB doesn't close.