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T O P I C R E V I E W
hairandbeauty
Posted - 20 May 2009 : 13:55:38 Hi guys
I urgently need some advice. I used to own a franchise and I had a machine on finance (£5,000) I closed the business down on 31st January and started to take things out as I was moving 200miles away from where the business was and couldnt get to court until 11th Feb.
We left the premises on the saturday night and were planning on going back up on the tuesday to collect more equipment and machines to ensure they were safe.
However on the tuesday we arrived to find that the franchise group had been in the shop and changed the locks and we were unable to get any things out. We informed the police but they said it was a private matter. We also informed the insolvancy serivce but they said they could not do anything until we had been bankcrupt.
We phoned the finance company when we came out of court and told them we had been bankcrupt and give them our new details etc.
Since then a couple of weeks ago they informed us that the machine was no longer at the premises and asked where it was. We informed them that it was left in the business however we could not get access and that the franchise group had already put a new franchise in there trading with our things!
We also informed the offical reciever on a number of occasions that we were being harrassed however they have never been in touch with the reciever to inform them.
They have phoned today and told us although we have gone bankcrupt they are going to sue us for £5000 plus costs as we are still liable for the machine and they consider us to have pinched it!.
What can we do, we dont have the machine and apart from our word we have no evidence that the machine was left there but on the other hand had no way of getting back into the building to get anything else either.
We are so scared as we thought this would all be over with now especially since its comming up 4mths after?
4 L A T E S T R E P L I E S (Newest First)
Suzanne
Posted - 21 May 2009 : 09:39:58 They could still pick it up as it is their machine and you, and they,know where it is. Why don't they just do that? They are not helping themselves as they have not done all they can to mitigate their losses, so are unlikely to win any action to sue you.
I have done what you suggested but they said by law in the contract for the machine it states that if you go bankcrupt of dont want the machine anymore it is still your full responsiblity to hold the machine until they pick it up.
I went to the police today to report it formally however the police said they wont do anything as it is a civil case?
Suzanne
Posted - 20 May 2009 : 16:17:46 Hi
I would also formally write to them informing them that the machine was still on the premises and that they should contact the current franchisee for payment.
It is simple: Once you have declared Bankruptcy and it has been stamped and signed by a Court you are no longer responsible for any debts incurred prior to the Bankruptcy order. Although mine was a personal BR not a business the same rules apply. You can tell them to "Foxtrot Oscar" and any Court case they commence will be thrown out and they know it!
Once you are BR you dont even have to give them your BR details IT IS AGAINST THE LAW FOR THEM TO CONTINUE TO THREATEN YOU!
As for your property, legally it could still be yours and recovered but in practical terms, kiss it goodbye, move on and start your debt free life.
