Law of Tort interference of goods act to evict livestock from land

[dogdays]

Please can someone help me land i took out a mortgage on that has been put in the hands of an unscrupulous LPA receiver for nearly a year, after trying a number of underhand ways to remove the livestock the latest attempt is to use the Law of Tort to sell the livestock,which are not all owned by me.Can anyone tell me if this is legal without going to court, also the notice was pinned to the farm gate, suel this cannot be the way to deliver such an order

Thanks for any help

[enquirer]

Re: Law of Tort interference of goods act to evict livestock from land

If it involves an LPA reciever, you would be well advised to consult a specialist solicitor.

What tort?

In the meantime, you might notify the owner of the other cattle that someone is trying to steal them. That way they can take their own steps to prevent removal and sale.

[dogdays]

Re: Law of Tort interference of goods act to evict livestock from land

Thanks Scottie Dog, I am not sure what you mean by What tort?

[FORCEOFONE]

Re: Law of Tort interference of goods act to evict livestock from land

I am confused

Tort comes from Common, or Civil Law, not criminal

What civil offence are they saying you have committed


Three elements must be established in every tort action. First, the claimant must establish that the respondent was under a legal duty to act in a particular fashion. Second, the claimant must demonstrate that the respondent breached this duty by failing to conform his or her behavior accordingly. Third, the claimant must prove that he suffered injury or loss as a direct result of the respondents breach.

[bluebottle]

Re: Law of Tort interference of goods act to evict livestock from land

Please can someone help me land i took out a mortgage on that has been put in the hands of an unscrupulous LPA receiver for nearly a year, after trying a number of underhand ways to remove the livestock the latest attempt is to use the Law of Tort to sell the livestock,which are not all owned by me.Can anyone tell me if this is legal without going to court, also the notice was pinned to the farm gate, suel this cannot be the way to deliver such an order

Thanks for any help

Have you contacted the Office of the Official Receiver or the Insolvency Service about this LPA receiver? If he/she is a licensed insolvency practitioner, they might be interested in hearing what he/she has been up to.

[dogdays]

Re: Law of Tort interference of goods act to evict livestock from land

Thanks Bluebottle, and Force1, yes, complained to the Bank via my MP, and the bank said receivers conduct was nothing to do with them, and to contact the insolvency service, they said they cannot do anything, as this man is not a registered LPA receiver, and therefore not regulated, this seems to be a buddy appointment? Please can someone help, as I am afraid for the animals. I have tried to get to someone higher up in the bank, and no one will talk to me. It is now time to fight in court, but seems the bank have retainers on some solicitors, so finding help in difficult.

[FORCEOFONE]

Re: Law of Tort interference of goods act to evict livestock from land

what exactly does this notice that was pinned to the gate say

i am trying to work out where this guy is coming from and what tort has been committed

[dogdays]

Re: Law of Tort interference of goods act to evict livestock from land

Things have moved on, had a letter today saying the bank have sold the property without my knowledge, and it has not been advertised anywhere, the have exchanged contacts and intend to complete in 2 wks. surely the cannot do this??

[dogdays]

Re: Law of Tort interference of goods act to evict livestock from land

They have issued me with tort interference of goods act 1977 the bailees right to sell, they have only put the notice on my farm gate,I do not live there, I have received nothing at my home address,in fact I have received no correspondence at my home address at all,the first I knew a receiver had been appointed,was when an estate agent arrived at the field gate to get a valuation. The notice is quite long,and difficult to put on here

[FORCEOFONE]

Re: Law of Tort interference of goods act to evict livestock from land

How have they the right to sell the goods that do not belong to them

This seems to me an act of conversion has occured

You need to speak to a solicitor who specialize in this area quick

[MissFM]

Re: Law of Tort interference of goods act to evict livestock from land

http://www.legalbeagles.info/forums/...-lpa-receivers Dogdays - there is a remarkably similar situation described on this thread - maybe you can help each other?

[gravytrain]

Re: Law of Tort interference of goods act to evict livestock from land

This is the relevant section

http://www.legislation.gov.uk/ukpga/1977/32/section/12


In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.

(3)

If the bailee—

(a)

has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or

(b)

has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,
and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods

[gravytrain]

Re: Law of Tort interference of goods act to evict livestock from land

The remedy for goods not owned by the bailor is given in the next section

(4)

Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.

(5)

A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—

(a)

the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and

(b)

where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale

[dogdays]

Re: Law of Tort interference of goods act to evict livestock from land

Thank you for your replies The notice was pinned to my farm gate and not delivered to my home address as I do not live at the farm, reading the act I do not think this is the way the notice should be served. Also I still feed and tend the animals daily. The farm does not just consist of just the animals, which is all that has been listed on the Tort. Would the omission of other possessions make any difference to the power the tort has? The tort is being used to remove the animals from the land so the land can be sold,it is not because an money is owed on the animals or machinery.

[gravytrain]

Re: Law of Tort interference of goods act to evict livestock from land

I think you really need to take proper legal advice on this, but it seems to me that they only have to show that this may apply:

"

(b

has failed to trace or communicate with the bailor with a view to giving him such a notice,

after having taken reasonable steps for the purpose

,"

My unprofessional opinion on this, is that they are using this law as a device just to get you to move your livestock so they can re-possess the land, I don't think that there is any question of them trying to taking over the rights or ownership of them.

If you were to agree to move them out of the way or even sell them yourself it may solve your problem.(if I have it right)