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Successful Section 75 Claim & Torts Act ... now I'm properly confused !!
Greetings,
After making a successful Section 75 claim through Santander for a Hot tub that we purchased back in August 2013 we were advised by them that once the claim had been resolved, the ownership of the tub would remain with us.
Now this struck me as being somewhat odd; so, I contacted our domestic insurance company re the legal cover that we have and asked their guidance.
They were adamant that the ownership of the tub would revert to the company who sold it to us which is what I expected. However, I was further advised by the insurers that we would become Involuntary Bailees under the Torts (Interference with Goods) Act 1977 and that we would have to sell the tub and pass over whatever proceeds were were able to raise (after deductions of our expenses) back to the company if the company failed to collect the tub within the 14 day period that we had stipulated in our written communication to them after the claim had been processed.
The 14 days has now elapsed without any response from the company.
This is where we are now at a loss to know how to proceed. We've been advised that as the company has ignored all written communications and has failed to collect the tub within the 14 day period that we stipulated that we should now proceed to the sale of the tub. Apart from being guided by the act that we should make all possible efforts to obtain a marked value for the item there really isn't too much to help us.
As the tub is now or will be after sale:
... we aren't too sure as to just how much it's likely to raise at sale and whether or not it would be considered 'sufficient' to meet our obligations under the Torts act ? Additionally we've been guided that we could levy a 'storage' charge which would be classed as na expense which could be deducted from the final sale revenues along with all other directly attributable expenses.
I am half of a mind to stick it on ebay with a full and frank disclosure & description and leave it at that ... but the insurance company won't offer an opinion one way or another with regard to whether this would be 'sufficient effort' and at the moment I feel as if we are damned if we do and damned if we don't !
Any feedback or suggestions as to how best to proceed from anyone who has successfully negotiated similar muddy waters would be most welcomed.
Many thanks in advance.
After making a successful Section 75 claim through Santander for a Hot tub that we purchased back in August 2013 we were advised by them that once the claim had been resolved, the ownership of the tub would remain with us.
Now this struck me as being somewhat odd; so, I contacted our domestic insurance company re the legal cover that we have and asked their guidance.
They were adamant that the ownership of the tub would revert to the company who sold it to us which is what I expected. However, I was further advised by the insurers that we would become Involuntary Bailees under the Torts (Interference with Goods) Act 1977 and that we would have to sell the tub and pass over whatever proceeds were were able to raise (after deductions of our expenses) back to the company if the company failed to collect the tub within the 14 day period that we had stipulated in our written communication to them after the claim had been processed.
The 14 days has now elapsed without any response from the company.
This is where we are now at a loss to know how to proceed. We've been advised that as the company has ignored all written communications and has failed to collect the tub within the 14 day period that we stipulated that we should now proceed to the sale of the tub. Apart from being guided by the act that we should make all possible efforts to obtain a marked value for the item there really isn't too much to help us.
As the tub is now or will be after sale:
- a second user item
- defective compared to the original specification which the sales company has been unable to fix after 4 attempts)
- will require additional expense to move it as it will require cranage in order to lift it over the boundary wall and will also require disconnection from the domestic mains supply
... we aren't too sure as to just how much it's likely to raise at sale and whether or not it would be considered 'sufficient' to meet our obligations under the Torts act ? Additionally we've been guided that we could levy a 'storage' charge which would be classed as na expense which could be deducted from the final sale revenues along with all other directly attributable expenses.
I am half of a mind to stick it on ebay with a full and frank disclosure & description and leave it at that ... but the insurance company won't offer an opinion one way or another with regard to whether this would be 'sufficient effort' and at the moment I feel as if we are damned if we do and damned if we don't !
Any feedback or suggestions as to how best to proceed from anyone who has successfully negotiated similar muddy waters would be most welcomed.
Many thanks in advance.
