When can I use a torts notice yet?

[RageSloth]

The 3 months was clearly indicated in the post by Atticus in your van thread:

https://legalbeagles.info/forums/for...23#post1619323

Ok, yes I see.

"The bailee shall not give a notice under section 12(3), or exercise his right to sell the goods pursuant to such a notice, at a time when he has notice that, because of a dispute concerning the goods, the bailor is questioning or refusing to pay all or any part of what the bailee claims to be due to him in respect of the goods."

This sounds like if they are arguing with me about paying me with whatever BS reason they have, then I cant even START to send an intention to sell notice with the intention to collect notice, never mind start the 3 month timer.

Can I just use part 1 of schedule 1 and then get rid of it without recouping my losses? I dont want to wait 3 months. However this section is just about informing them to collect stuff.. It doesnt mention what happens if they dont.. can I dispose/give away the caravan without using part 2?? because part 2 is only usable when I want to sell it, or am I forced to use part 2 notice to dispose it and then just explicitly say that they owe no money, but I will still sell it. However we have a tenancy contract, that clearly says Im due money... can I argue with my own tenancy contract and say they owe me nothing?

[RageSloth]

3 months? A reasonable time is what I usually allow...however....

Looking back on the previous thread I see the legislation as posted reads

(2)The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods.

(3)If any amount is payable in respect of the goods by the bailor to the bailee, and become due before giving of the notice, the said period shall be not less than three months.

So as I read it (may be wrong) if the person who stored the goods owes the person storing the goods money then the period should be 3 months but if no money is owed it only has to be "reasonable". That makes no sense to me!

RIght, 3 months isnt reasonable, but thats what it says in the legislature.

[RageSloth]

the latter, usually.

Then I can count 3 months from the original picture text notice. I will send the letters with the updated time period. Actually I can't risk that... will have to be 3 months form the letter Im about to write ffs.

What do I send please if not claiming any money? It is extremely unclear.
Do I just send a latter and omit this part : You will be responsible for reasonable costs of my disposal, and these costs will be deducted from the proceeds of sale.

[atticus]

If not claiming money you send a notice under the Torts (Interference with Goods) Act 1977, as previously discussed, but without any demand for payment. Look at the text from the legislation, as previously shared with you.

[RageSloth]

Thanks, I think perhaps I'm being potentially incorrectly pedantic about the world sell.I still have to use part 2 to dispose of it and it says:
"specify the date on or after which the bailee proposes to sell the goods," But im not selling it, it specifically mentions selling it.

Am I allowed to sell something for £0? perhaps this is still a sale? Giving away something is not a sale or is it? Perhaps part of the sale is.. taking the caravan off my property!

[RageSloth]

Another problem is that their wife phoned up saying its her caravan. I have the tenancy contract in the other's name with their address. I can safely assume I still have the correct address? What I dont want to do is have to speak at all to these people and be forced to have to wait any longer due to being fed a load of BS! By being forced to investigate BS!

[RageSloth]

Right , just seen it elsewhere that Im liable for double the cost of the goods if its someone elses property. So this is clearly a scam, probably done it before, fantastic. How many messages constitutres me checking for certain whose property it is and their address, ffs; all this cos im desperate and dont want a house reposessed.

[RageSloth]

Is it safer to claim money back and use a longer duration? Would be giving 1 month otherwise and not claiming money owed.

[RageSloth]

Problem with the signed for service is they dont deliver it if someone doesnt answer the door, and now both my letters are lost. I lost their mobile number but had previously texted them and had a phonecall

[atticus]

Use ordinary post.

[islandgirl]

I always use ordinary post = free certificate of postage = send same letter from 2 different post offices both with a free cert of postage. Whilst "it was lost in the post" may work for one it is unlikely 2 would go astray

[RageSloth]

Ok. It wouldnt take much longer to run to his address. I could film the letter, put in th envelope and trhough the door? Or maybe some bs argument used that its ignored due to lack of stamp.

[islandgirl]

I wouldn't do that but it is up to you

[RageSloth]

I'll run to the post offices tomorrow.. I found the number, wish I could text the damn thing, but the torts does state it has to be in writing, wish that I could guarantee a judge would interpret texting as "In writing", if it went to the courts.

[R0b]

I'll run to the post offices tomorrow.. I found the number, wish I could text the damn thing, but the torts does state it has to be in writing, wish that I could guarantee a judge would interpret texting as "In writing", if it went to the courts.

The courts would interpret 'in writing' to cover text messages but the Act defines what in writing means for the purposes of the Act so you have to follow what the Act says otherwise, you are deemed not to have complied.

For notices to oblige the owner to collect the goods, you have to give it in writing and either deliver it personally, leaving it at their address or send it by post.

If the notice is an intention to sell the goods, you have to send it by registered post or recorded delivery service. Registered post as I understand it is a mail tracking service that doesn't exist anymore so you would need to use another form of recorded delivery or obtain a proof of postage receipt which would be sufficient for meeting the requirement of registered post.