My property

[NOCAB]

Hi, as part of an agreed property distribution, the executor of the estate agreed with me that I could have the white goods from my parents house, which would need to be collected by me after the sale completed.

I am now in a position where I can't collect the goods, as the new owner is not responding to any contact from myself or the solicitors.

I am concerned that the goods were not moved into storage along with everything else before the property was sold and that I have been left in this position, and would have expected the executor, under his duties, to have ensured these goods were made available for me to collect.

These goods included a dishwasher, washing machine, tumble dryer, fridge and freezer, all relatively new and to be used in a new property, so have quite some value to me if I need to purchase new again.

Can anyone advise on the executors responsibilities here, and what I can do to ensure these items are returned to me, as in essence given there was agreement all round including with the new owners solicitors for these to be returned to me, I am left not knowing what to do.

Thanks

[Kati]

Peridot ??

[des8]

Whilst awaiting for Peridot's comments I suspect your remedy might be to bring an action under Torts (interference with goods) Act 1977 against the new owners
However the new owners might claim they bought the house with vacant possession, and the goods should have been removed prior to completion of the sale.
In which case was the agreement for the goods to be left until you could collect, or were you or executor supposed to remove them prior to completion
All will depend on the agreement..... was it by chance in writing?

[NOCAB]

Peridot ??

??????

[NOCAB]

Whilst awaiting for Peridot's comments I suspect your remedy might be to bring an action under Torts (interference with goods) Act 1977 against the new owners
However the new owners might claim they bought the house with vacant possession, and the goods should have been removed prior to completion of the sale.
In which case was the agreement for the goods to be left until you could collect, or were you or executor supposed to remove them prior to completion
All will depend on the agreement..... was it by chance in writing?

Hi, thanks for your reply.

I have an email from the executors solicitor that states they have agreement from the new owners solicitors that these good can be collected after the sale was complete.

I have not got their direct contact details as the solicitor and estate agent are refusing to give these to me. My details have apparently been sent to the new owners. I have been round and put a letter through the letter box asking for them to get in touch but to date I haven't heard a thing.

[des8]

You can obtain details of the new owners from Land Registry (cost £3) so don't know why solicitor and estate agents are being so coy!

Kati was tagging Peridot so she might look in on Monday with advice

[NOCAB]

Hi i know who they are but can't make them reply

[ostell]

You can obtain details of the new owners from Land Registry (cost £3) so don't know why solicitor and estate agents are being so coy!

They are probably being coy and quoting Data Protection.

[Peridot]

Hi Robert Bacon,

I'd agree with Des8. Good you got confirmation the goods could be collected post completion so they were definitely aware you were due the items. Have you asked the solicitors to write to the new owners about collection or has the executor got involved at all?

You would not have been the solicitor's client in relation to the sale so they would probably only deal with the executor in relation to having any communications with the new owner. It may be worth contacting the solicitor to let them know you haven't heard anything as yet and remind them they provided you with confirmation the new owners were aware you wished to collect post completion. I'd also confirm you have a copy of the e-mail confirming this?

Are the new owners in the property yet or are they having work done so not moved in? They may be on holiday? What timescales are we dealing with her? When did completion happen and when did you try and contact the new owners?

Just trying to think of reasons they may not have responded to date, without jumping to conclusions. I assume that any legacy you were/are to receive had been reduced by the amount the white goods were valued at? In addition if the new owners were aware the items were your property then they should be reminded of the consequence of not allowing you to collect your property (although maybe give them a chance first bearing in mind the comments above and possible reasons for not contacting you to date).

[NOCAB]

Hi Robert Bacon,

I'd agree with Des8. Good you got confirmation the goods could be collected post completion so they were definitely aware you were due the items. Have you asked the solicitors to write to the new owners about collection or has the executor got involved at all?

You would not have been the solicitor's client in relation to the sale so they would probably only deal with the executor in relation to having any communications with the new owner. It may be worth contacting the solicitor to let them know you haven't heard anything as yet and remind them they provided you with confirmation the new owners were aware you wished to collect post completion. I'd also confirm you have a copy of the e-mail confirming this?

Are the new owners in the property yet or are they having work done so not moved in? They may be on holiday? What timescales are we dealing with her? When did completion happen and when did you try and contact the new owners?

Just trying to think of reasons they may not have responded to date, without jumping to conclusions. I assume that any legacy you were/are to receive had been reduced by the amount the white goods were valued at? In addition if the new owners were aware the items were your property then they should be reminded of the consequence of not allowing you to collect your property (although maybe give them a chance first bearing in mind the comments above and possible reasons for not contacting you to date).

Hi thanks. The property is being done up from what I can see. It was sold / completed over 2 months ago, and in the email I have it states I can collect after completion at a date to be agreed with the new owners, but they are not getting in touch. RE value reduction from the estate, items have not been valued aside from jewellery i.e high value comet, and as such there is no price reduction for these, and equally there has been no price reduction for other items taken by my brother and sister.

[2222]

If the sale completed 2 months ago and there's a major refurbishment, the builders may well have assumed that they could simply take the appliances for their own use. I'm not sure where you take it from there, but it would be sensible to check the property to see whether the items are still there.

[NOCAB]

I have checked and they are still there so not sure why this was mentioned!

[2222]

Ah sorry. Pleased to hear that. When we had a major refurbishment, the builders did take all sorts of stuff they assumed we wouldn't want. I didn't complain, because I think they genuinely thought it wasn't wanted.

[Peridot]

I wonder whether the new owners have not received your letter requesting a collection date to be agreed if they are having refurbishments done? Maybe contact the solicitors again and ask them to call the new owners if they have contact details other than address? Sorry not much help just trying to think of ideas how you could get hold of them. Speak to the builders? They may pass the message on for you?

[NOCAB]

They have been contacted by the estate agents by phone and email and by me via a letter as the estate agent has not given me their contact details.

I haven't seen the builders when I have visited and doubt they would want to get involved.

I presume that I will have to raise a claim against the new owners if they fail to respond, as they are clearly avoiding contact and are fully aware of the situation as they had advised via their solicitors that the white goods could be collected by me after the sale was complete (over 2 months ago)