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Theft of goods who is liable

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  • #16
    Originally posted by ShirleyBl09 View Post
    The main problem seems to be the owner is denying liability,,
    He is indeed, saying it's nothing to do with him the containers belong to his dad, a retired farmer

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    • #17
      was payment up to date? I do not think this a Police matter, sorry. If you have grounds sue for the value but it will all depend on the agreement you had with the person storing the goods. If the account was in arrears he may have got rid of your items and put someone else in there. I am not saying this absolves him from paying you back for them (though it may) but this is not a straightforward situation in my view without paperwork

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      • #18
        Have you checked with Land rehistry to see who owns the property (https://www.gov.uk/search-property-i...-land-registry)
        If father owns the property I would be sending 2 LBAs, one to son, other to father and sue them jointly.

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        • #19
          Originally posted by islandgirl View Post
          was payment up to date? I do not think this a Police matter, sorry. If you have grounds sue for the value but it will all depend on the agreement you had with the person storing the goods.
          Yes, the payments were up to date done by bank transfer each month. It is a commercial entity with lots of containers and compounds, security fences, CCTV and electronic gates. We rented the container to store business stock and equipment etc, which he knew, for a set payment each month originally cash and then last few year by bank transfer. He said fully insured and secure. He claims he knows nothing about the missing items.

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          • #20
            Originally posted by des8 View Post
            Have you checked with Land rehistry to see who owns the property (https://www.gov.uk/search-property-i...-land-registry)
            If father owns the property I would be sending 2 LBAs, one to son, other to father and sue them jointly.
            Already done that search. The farmhouse is owned by the son and the farm land is owned jointly with his father, retired. The son, who we contracted with and paid each month now claims his father owns the containers, but is not VAT registered. At the moment I am trying to create a paper trail and do all I can to try and do as much as I can to sort it before it possibly goes to court. I will look into the two LBA's when I have more information. At the moment, and I might be wrong, it is starting to look like none of this business is actually declared.

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            • #21
              Whether the business is VAT registered or not is not really your concern and it does not impinge on your claim.

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              • #22
                I agree with Des8. There may also be no planning permission but again that does not affect the potential claim. What will do so, I believe, is the lack of paperwork

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