Legal eagles - any help appreciated...

Tom_vRS · 11-09-2007, 16:52

Right, quick rundown...

Circa 3 and a half years ago, my uncle who lived in the village was reposessed. My mum, being the kind lady she is, offered to store all his posessions in our garage and shed. She put him up in our living room for close on 2 years. He never contributed a penny to the household, despite getting breakfast and a cooked meal every day...

Dad assumed he was giving her money, but after finding out he wasn't, he mentioned it politely, suggesting perhaps he could pay a proportion of the weekly food shop. However, nothing changed, and over the next few months he swapped his car for a van (to accommodate his expensive Moto Cross hobby), and started sleeping in that. He crept in while we were all at work to collect mail and the like.

He became un-contactable, so dad changed the locks, hoping they could then have a chat about things.

However, nearly 2 years later, despite dozens of letters to him via his employer (who lets him sleep in his van on his drive), numerous attempts at telephone calls, writing to his ex-wife (who has custody over his children) etc, we cannot get hold of him. We have a garage and a shed FULL of his stuff.

We're pretty p***ed off now, we want to turn the garage into a workshop so we can extend our kitchen into our outhouse, so his stuff needs to go.

Personally, I think we should flog anything worth flogging (telly, dishwasher etc) with no reserve on 10 day auctions on ebay, bin anything thats waterdamaged (garage roof needs attention, lol), and anything that looks remotely important sentimentally, dry store in boxs in our loft. We could put any proceeds into a savings account incase things ever got ****ty legally, and keep copies of all paperwork to show we'd tried to get fair prices etc.

However, dad won't confront the issue, wants to just hire a skip and bin the lot, which I think, despite anything, would be wasteful. Mum hasn't got the courage to do anything about it.

So, where do you think we stand legally? What would you do...

Ta in advance!!

jec · 11-09-2007, 17:06

Maybe you should get advice from Citizen's Advice Bureau, you wouldn't want bin everything and then get sued

ScoobyChris · 11-09-2007, 17:11

Yep - I'd be seeking proper legal advice on this, Tom! Better to be safe than sorry....

Chris

anonymouse · 11-09-2007, 17:15

Quote:

However, nearly 2 years later, despite dozens of letters to him via his employer (who lets him sleep in his van on his drive), numerous attempts at telephone calls, writing to his ex-wife (who has custody over his children) etc, we cannot get hold of him.

CAB probably as Jec says.
I would think they'd recommend a letter to his employers and wife stating your intentions (maybe even local ad). If this is not replied then to go ahead.

BTW - if he wants to get 'sh*tty', task him with the rent for 2 years, the storage costs for 2 years, getting someone to work it all out for him etc etc.
I think he'd run a mile from the aggro from what you say of him.

And, yes, I think you're right to try and get some recompense for his 'rent' and 'storage' and the inconvenience he's put your family to.

Beretta · 11-09-2007, 17:15

Send a recorded delivery letter to his last known address (No, not the van), and also to him via his employer, giving him fourteen days to remove all items, and advise him that if, after this time the items are not removed, then you will remove all items and dispose of them, and any monies made from the sale will be used to offset outstanding rent and storage charges.

Tom_vRS · 11-09-2007, 17:22

His last known address is my house!!!

If it were me, I'd flog the lot, pocket the cash and be done with it. I don't think there is a court in the land that would find in his favour tbh.

We went to CAB about 12 months ago. They said to write to his employer, ex-wife and put and ad in the local paper giving 28 days to collect. They said if he didn't collect the possessions would be ours to sell. However, dad wasn't convinced by the advice that was given, being under the impression it was more regarding commercial dealings, and mum doesn't want an ad in the paper as she'd find it embarassing as we live in such a close nit community.

I'll make it clear, we don't want to make a penny from him. Dad would give him a couple of grand to fu*k off, he doesn't really want to have to see him ever again, and tbh I think he'd kill him, lol.

Bit of a **** situation tbh. I think you may be right, possibly time to get proper legal advice.

anonymouse · 11-09-2007, 17:23

Family - don't you just love em

WW_VRS · 11-09-2007, 17:25

Sad situation mate

jec · 11-09-2007, 17:28

If you go through CAB, they can get you a free 30 min appointment with a solicitor, this may be helpful.

Tom_vRS · 11-09-2007, 17:29

Hmmm, might be worth a shot.

I'm just annoyed with the guy, he's such a sponger its unreal.

I can see I'll be the one who ends up going to CAB... ffs.

Tom_vRS · 11-09-2007, 17:30

Quote:

Originally Posted by anonymouse

Family - don't you just love em

Yep. We are a small, close family. Its only him thats a waste of space.

Bigw2069 · 11-09-2007, 17:43

What proof is there that the items in your garage are his, flog it and then its not long till the 5th of November to get rid of the rest!

anonymouse · 11-09-2007, 17:46

Quote:

Originally Posted by Bigw2069

What proof is there that the items in your garage are his, flog it and then its not long till the 5th of November to get rid of the rest!

Yup, I nearly mentioned this

devonutopia · 11-09-2007, 17:53

Yep - Essentially he's storing stuff without paying any kind of rent, so effectively you can repossess it, if you imposed some kind of charge which went unpaid.

If it were me, I would get rid of the lot by whichever means possible. I would, like you. go through Ebay first to try and recover something from those 2 years of cooked meal & no rent charged.

Anything worthless, either post up offereds on your local freecycle group, or bin the lot. Don't bother with a skip - waste of money hiring one IMO. You'll be amazed what you can shift through freecycle.

Tom_vRS · 11-09-2007, 18:39

Hmmm. I agree, there is no "contract" as such... but by sending letters he can prove we were storing his stuff.

Regardless of anything, I really should check out freecycle I suppose!

ric04vrs · 13-09-2007, 21:30

Quote:

Originally Posted by Tom_vRS

However, nearly 2 years later, despite dozens of letters to him via his employer (who lets him sleep in his van on his drive),:

find out where his employer lives , then hire a van , load the stuff into the van , then deposit it all on his employers drive whilst he isn't home , i think that may get his attention

kit · 20-09-2007, 16:33

had a wee chat with my brief and he say's give him 28 days written notice then dispose of it,selling anything to raise cash to cover two years worth of lodgings

....dont do it without giving him notice as if he got stroppy he could say you had a family/friends verbal arrangement.

k

John Tully · 20-09-2007, 17:42

I personally think you have done more than enough for him, especially they way he has behaved, I would sell the lot, you owe him nothing.

rigsby · 24-09-2007, 09:11

It would be a shame if you forgot to lock the garage door one night ,and it all got nicked!! nudge nudge wink wink!!

11-09-2007, 16:52	#1
Tom_vRS Briskodaholic Join Date: Dec 2004 Location: Fenland, Cambridgeshire Posts: 11,542 Members Car: '97R BMW 328i Saloon Thanks: 679 Thanked 433 Times in 310 Posts	Legal eagles - any help appreciated... Right, quick rundown... Circa 3 and a half years ago, my uncle who lived in the village was reposessed. My mum, being the kind lady she is, offered to store all his posessions in our garage and shed. She put him up in our living room for close on 2 years. He never contributed a penny to the household, despite getting breakfast and a cooked meal every day... Dad assumed he was giving her money, but after finding out he wasn't, he mentioned it politely, suggesting perhaps he could pay a proportion of the weekly food shop. However, nothing changed, and over the next few months he swapped his car for a van (to accommodate his expensive Moto Cross hobby), and started sleeping in that. He crept in while we were all at work to collect mail and the like. He became un-contactable, so dad changed the locks, hoping they could then have a chat about things. However, nearly 2 years later, despite dozens of letters to him via his employer (who lets him sleep in his van on his drive), numerous attempts at telephone calls, writing to his ex-wife (who has custody over his children) etc, we cannot get hold of him. We have a garage and a shed FULL of his stuff. We're pretty p*ed off now, we want to turn the garage into a workshop so we can extend our kitchen into our outhouse, so his stuff needs to go. Personally, I think we should flog anything worth flogging (telly, dishwasher etc) with no reserve on 10 day auctions on ebay, bin anything thats waterdamaged (garage roof needs attention, lol), and anything that looks remotely important sentimentally, dry store in boxs in our loft. We could put any proceeds into a savings account incase things ever got **ty legally, and keep copies of all paperwork to show we'd tried to get fair prices etc. However, dad won't confront the issue, wants to just hire a skip and bin the lot, which I think, despite anything, would be wasteful. Mum hasn't got the courage to do anything about it. So, where do you think we stand legally? What would you do... Ta in advance!! __________________ 97/R BMW 328i in Boston Green.

11-09-2007, 17:06	#2
jec Briskodian Join Date: Aug 2006 Location: * Posts: 1,192 Members Car: * Thanks: 2 Thanked 11 Times in 11 Posts	Re: Legal eagles - any help appreciated... Maybe you should get advice from Citizen's Advice Bureau, you wouldn't want bin everything and then get sued

11-09-2007, 17:11	#3
ScoobyChris Briskodian Join Date: Mar 2003 Location: Andover Posts: 18,195 Members Car: Fiat Panda Thanks: 15 Thanked 336 Times in 290 Posts	Re: Legal eagles - any help appreciated... Yep - I'd be seeking proper legal advice on this, Tom! Better to be safe than sorry.... Chris __________________ Holding up the traffic in a little Italian..........

11-09-2007, 17:15	#5
Beretta SMOGUS MAXIMUS Join Date: Jan 2005 Location: Essex Posts: 2,628 Members Car: Toyota Auris SR180 Images: 3 Thanks: 50 Thanked 75 Times in 72 Posts	Re: Legal eagles - any help appreciated... Send a recorded delivery letter to his last known address (No, not the van), and also to him via his employer, giving him fourteen days to remove all items, and advise him that if, after this time the items are not removed, then you will remove all items and dispose of them, and any monies made from the sale will be used to offset outstanding rent and storage charges. __________________ Skoda performance was "IMPOSSIBLE", now its Japanese and 177 bhp and 295 lb ft torque of SMOG. Gerry "HONI SOIT QUI MAL Y PENSE"

11-09-2007, 17:22	#6
Tom_vRS Briskodaholic Join Date: Dec 2004 Location: Fenland, Cambridgeshire Posts: 11,542 Members Car: '97R BMW 328i Saloon Thanks: 679 Thanked 433 Times in 310 Posts	Re: Legal eagles - any help appreciated... His last known address is my house!!! If it were me, I'd flog the lot, pocket the cash and be done with it. I don't think there is a court in the land that would find in his favour tbh. We went to CAB about 12 months ago. They said to write to his employer, ex-wife and put and ad in the local paper giving 28 days to collect. They said if he didn't collect the possessions would be ours to sell. However, dad wasn't convinced by the advice that was given, being under the impression it was more regarding commercial dealings, and mum doesn't want an ad in the paper as she'd find it embarassing as we live in such a close nit community. I'll make it clear, we don't want to make a penny from him. Dad would give him a couple of grand to fuk off, he doesn't really want to have to see him ever again, and tbh I think he'd kill him, lol. Bit of a *** situation tbh. I think you may be right, possibly time to get proper legal advice. __________________ 97/R BMW 328i in Boston Green.

11-09-2007, 17:23	#7
anonymouse Nuts Join Date: Nov 2006 Location: Greater Manchester Posts: 8,450 Members Car: Fabia vRS Thanks: 152 Thanked 258 Times in 192 Posts	Re: Legal eagles - any help appreciated... Family - don't you just love em __________________ "Stupidity, if left untreated, is self-correcting." - Heinlein

11-09-2007, 17:25	#8
WW_VRS Escorted Estate Join Date: Nov 2004 Location: Oxfordshire/Berkshire Posts: 9,864 Members Car: Ford Escort 1.6LX + Fab Estate Thanks: 46 Thanked 85 Times in 75 Posts	Re: Legal eagles - any help appreciated... Sad situation mate __________________ WW --->> Project Journal (pic links in first post there) Lummox'/Ross thread on Unit18 Automotive progress on my car: here

11-09-2007, 17:28	#9
jec Briskodian Join Date: Aug 2006 Location: * Posts: 1,192 Members Car: * Thanks: 2 Thanked 11 Times in 11 Posts	Re: Legal eagles - any help appreciated... If you go through CAB, they can get you a free 30 min appointment with a solicitor, this may be helpful.

11-09-2007, 17:29	#10
Tom_vRS Briskodaholic Join Date: Dec 2004 Location: Fenland, Cambridgeshire Posts: 11,542 Members Car: '97R BMW 328i Saloon Thanks: 679 Thanked 433 Times in 310 Posts	Re: Legal eagles - any help appreciated... Hmmm, might be worth a shot. I'm just annoyed with the guy, he's such a sponger its unreal. I can see I'll be the one who ends up going to CAB... ffs. __________________ 97/R BMW 328i in Boston Green.

11-09-2007, 17:43	#12
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,665 Members Car: Noddy Car Thanks: 211 Thanked 230 Times in 191 Posts	Re: Legal eagles - any help appreciated... What proof is there that the items in your garage are his, flog it and then its not long till the 5th of November to get rid of the rest! __________________

11-09-2007, 17:53	#14
devonutopia Mongreller Join Date: Apr 2003 Location: Exeter / Devon Posts: 30,081 Members Car: Skoda Fabia Mongrel Images: 5 Thanks: 75 Thanked 352 Times in 295 Posts	Re: Legal eagles - any help appreciated... Yep - Essentially he's storing stuff without paying any kind of rent, so effectively you can repossess it, if you imposed some kind of charge which went unpaid. If it were me, I would get rid of the lot by whichever means possible. I would, like you. go through Ebay first to try and recover something from those 2 years of cooked meal & no rent charged. Anything worthless, either post up offereds on your local freecycle group, or bin the lot. Don't bother with a skip - waste of money hiring one IMO. You'll be amazed what you can shift through freecycle. __________________ Jason - Only a Skoda. Custom Fabia Bonnet Lifter Kits - £45! Click Me. Cheesy bonnet lifter video to "raise me up" http://www.youtube.com/watch?v=hMnGECEi5Oc See the mongrel's 260bhp Dyno Video!

11-09-2007, 18:39	#15
Tom_vRS Briskodaholic Join Date: Dec 2004 Location: Fenland, Cambridgeshire Posts: 11,542 Members Car: '97R BMW 328i Saloon Thanks: 679 Thanked 433 Times in 310 Posts	Re: Legal eagles - any help appreciated... Hmmm. I agree, there is no "contract" as such... but by sending letters he can prove we were storing his stuff. Regardless of anything, I really should check out freecycle I suppose! __________________ 97/R BMW 328i in Boston Green.

20-09-2007, 16:33	#17
kit Briskodian Join Date: Nov 2004 Location: dublin Posts: 1,246 Members Car: octavia RS Thanks: 0 Thanked 8 Times in 8 Posts	Re: Legal eagles - any help appreciated... had a wee chat with my brief and he say's give him 28 days written notice then dispose of it,selling anything to raise cash to cover two years worth of lodgings....dont do it without giving him notice as if he got stroppy he could say you had a family/friends verbal arrangement. k

20-09-2007, 17:42	#18
John Tully Briskodian Join Date: Nov 2003 Location: Inverness Posts: 35 Members Car: Skoda Octavia 4x4 Thanks: 0 Thanked 1 Time in 1 Post	Re: Legal eagles - any help appreciated... I personally think you have done more than enough for him, especially they way he has behaved, I would sell the lot, you owe him nothing.

24-09-2007, 09:11	#19
rigsby Briskodian Join Date: Jan 2004 Location: DONCASTER Posts: 1,114 Members Car: FELICIA FUN,FAVORIT,FABIA TDI,ESTELLE ROADSTER Thanks: 18 Thanked 116 Times in 112 Posts	Re: Legal eagles - any help appreciated... It would be a shame if you forgot to lock the garage door one night ,and it all got nicked!! nudge nudge wink wink!! __________________ I DONT WANT TO DIE A GROWN UP!

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