civil or theft?

[stunner1901]

Hello everyone

Looking for clarification on this matter

I was buying a cafe business of a cousin weekly over 3years

we had contract saying all goods remain his property until paid for, however, there was 2 pizza ovens and a chiller that didnt work/ were surplus to our requirements.

as we believed we would fulfil the terms of contract we dumped/sold

last month my cousin reneged on the deal and we agreed to end deal.

he is now demanding the equipment back or £1100 for brand new replacements or threatening police action for theft.

I have been informed that it cannot be theft as it wasnt an act of deliberate taking of goods as we believed they would be ours

as such, this would be a civil case for cost of replacing, like for like.

any further light anyone can shed upon this issue would be greatly appreciated

regards

[leclerc]

Re: civil or theft?

Hello everyone

Looking for clarification on this matter

I was buying a cafe business of a cousin weekly over 3years

we had contract saying all goods remain his property until paid for, however, there was 2 pizza ovens and a chiller that didnt work/ were surplus to our requirements.

as we believed we would fulfil the terms of contract we dumped/sold

last month my cousin reneged on the deal and we agreed to end deal.

he is now demanding the equipment back or £1100 for brand new replacements or threatening police action for theft.

I have been informed that it cannot be theft as it wasnt an act of deliberate taking of goods as we believed they would be ours

as such, this would be a civil case for cost of replacing, like for like.

any further light anyone can shed upon this issue would be greatly appreciated

regards

Did you have any correspondence with regards to the oven's not working?
For what reason did he renege on the contract?
Was he aware you had disposed of this prior to reneging on the deal and do you have that in writing?

The bit in bold is worrying because I think he may have a case for breach of contract re disposing of the property that, even though not working, were still his property.

[labman]

Re: civil or theft?

I'm sure you posted this before with a more complete version of the dispute, and seem to remember that this forms just one small part of a bigger picture. Is there any way you could provide a link to your previous posting as well so that we can read the whole thing in context please.

[teaboy2]

Re: civil or theft?

Here you go labman - HELP PLEEEASE! dont know how i stand - Legal Beagles Consumer Forum

[stunner1901]

Re: civil or theft?

hi

he reneged on contract as he claimed he had a cash buyer.

he didnt know about goods till afterwards

most of rest of disputes from previous postings are resolved as i have pointed out that he signed a termination contract nullifying all o/s debts etc

regards