Can a bailiff can seize goods that have been supplied on a sale or return basis?

[kipcasper]

Dear All,


I hoping that you could give me some advice. I run a shop and despite coming to a payment arrangement with my council, I still cannot pay my business rates. A few weeks ago a bailiff came round saying that if payment was not made, they would remove goods from my premises to pay the debt.


I want to know if a bailiff can seize goods that have been supplied on a sale or return basis. I have letters from all my suppliers stating that the goods do not belong to my company, but belong to them.



Would this stop a bailiff from seizing the goods?



The letter's from my suppliers contains the following text:


TO WHOM IT MAY CONCERN

The stock in this shop do not belong to ******** Ltd. They have been supplied on a sale or return basis by ******* Ltd.

As they have been supplied on a sale or return basis, title in them shall only pass to ******* Ltd at the point of sale. Until a sale actually happens, the title remains with the supplier.

If you require further information, please do not hesitate to contact me. My telephone number is ***********.

Yours faithfully,



*************.


I would appreciate any advice on this.


Thanks.


Kip Casper :-)

[miliitant]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

i would say yes, it would stop a baliff

they cannot levy on those "protected goods" only on goods belonging to the debtor

the baliff would have to satisfy himself that the goods belonged to you first before making a levy

as long as that letter is on company headed paper the baliff would be guilty of theft and fraud so call the police and show them that letter if he turns up and tell the copper you are making a complaint and they are duty bound to investigate that complaint

[ploddertom]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

For sale or return you usually purchase the goods first then after an agreed period of time any unsolds may be returned for credit/reimbursement. On that basis the Bailiff may seize and remove.

However if you have bought on something like a 30 day account then the goods remain the property of the company that supplied them until you settle your bill, and on that basis then no they cannot seize them. However you will need to provide the paperwork to prove this that lists the items concerned.

The idea you are outlining is fraught with difficulty and the Bailiff can seize & remove and it would then be up to the "legal" owner to claim their title to the goods. They would only have a few days in which to do this and would imagine for the trouble you re going to put them to then they may no longer wish to trade with you.

[labman]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

I have first hand experience of this, and it happened as outlined by PT above. The goods, wich did not belong to me, were levied upon, and I had an exceedingly stressful days not only getting the owners to prove title to the bailiffs, but also to physically come and collect the goods. Yours is not a course of action I would recommend from my experience.

[kipcasper]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

Dear Ploddertom,

Thanks for your reply.



Just to clarify, I have not purchase the goods first and then after a period of time, allowed to have a credit/reimbursement. Neither have the goods been supplied on something like a 30 day account.


Basically, the supplier has given me goods and I keep a record what I have sold. At the end of the week I pay for whatever I have sold. The wholesaler then gives me more stock – again on a sale or return basis.


Would the arrangement I have keep the bailiff away? I'd appreciate your thoughts on this.


Thanks.


Kip Casper

[labman]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

My personal experience of exactly this is the answer is NO! It will not keep the bailiffs away. At least it didn't with me, and it was the start of the end of my business as the bailiffs came, the company moved heaven and earth to get around 30K of stock back and that left me nothing to trade with as I was under a sole supplier agreement.

[ploddertom]

Re: Can a bailiff can seize goods that have been supplied on a sale or return basis?

Basically, the supplier has given me goods and I keep a record what I have sold. At the end of the week I pay for whatever I have sold. The wholesaler then gives me more stock – again on a sale or return basis.


Would the arrangement I have keep the bailiff away? I'd appreciate your thoughts on this.


Thanks.


Kip Casper

The idea you are outlining is fraught with difficulty and the Bailiff can seize & remove and it would then be up to the "legal" owner to claim their title to the goods. They would only have a few days in which to do this and would imagine for the trouble you re going to put them to then they may no longer wish to trade with you.

Your wholesaler would have to provide proof of each individual item that is seized and if not done within the permitted timescale - usually 5 days then they can be sold with good title. Personally I wouldn't even think about it.