My builder went bankrupt

Equaliser123

Greatgimp wrote: »

By security they mean that the house may be easier to burgle!

Yes I understand that. But they can have it removed or taken down but the intent here is to sell it.

WhiteHorse

Write to the receiver stating that you have seized the assets in lieu and that you propose to sell them to recoup your loss. Give the receiver a deadline to reply. Don't do anything else, just wait to see what comes back in the post.

Equaliser123

WhiteHorse wrote: »

Write to the receiver stating that you have seized the assets in lieu and that you propose to sell them to recoup your loss. Give the receiver a deadline to reply. Don't do anything else, just wait to see what comes back in the post.

Seizing goods in lieu has absolutely no legal basis unless there is a charge or other equitable interest over them.

redmalc

Equaliser,you are quoting the obvious but in real terms i deal with these situations on a daily basis and i can advise you that i come across people selling assets which belong to the estate of a Bankrupt or Insolvent company and nothing is ever done to recover the money

unholyangel

redmalc wrote: »

Equaliser,you are quoting the obvious but in real terms i deal with these situations on a daily basis and i can advise you that i come across people selling assets which belong to the estate of a Bankrupt or Insolvent company and nothing is ever done to recover the money

While nothing may have been done in cases you are aware of, it doesnt mean that matters wont be dealt with in this case.

I understand you're trying to help the OP and i am not trying to contradict you.........just personally i feel you're always better advising clearly that if they choose to do so, they could potentially end up in trouble.

That way if anything does come of it, you'll have a clear mind that your advice didnt get them into further trouble, no?

Equaliser123

redmalc wrote: »

Equaliser,you are quoting the obvious but in real terms i deal with these situations on a daily basis and i can advise you that i come across people selling assets which belong to the estate of a Bankrupt or Insolvent company and nothing is ever done to recover the money

Bit like saying a lot of burglars don't get caught.

peachyprice

Unless it's the very simplest of scaffold it's highly likely it doesn't belong to your builder. Many one man/small builders are not quailfied to errect scaffold and will hire it. Chances are your scaffold belongs to another local company to whom your builder owes money

Have a look at the boards and poles, they should have coloured paint on one end. This will be a colour code identifying who it belongs to. Call a local scaffold company, they should be able to tell you who it belogs to who you can then contact to arrange removal. DO NOT sell the scaffold unless you know 100% for sure it belongs to your builder, you really don't want a scaffold company on your back because you have sold their property. No scaffold company will want to be caught with someone elses poles/boards in their yard, so selling it if it's colour coded is not necessarily going to be simple.

HTH

peachyprice

redmalc wrote: »

I work in the insolvency industry and would advise you to write to the OR / Insolvency Practioner and advise them that you have the scaffolding and that you are going to sell it to recover your debt and that it is a security issue being around your property.I can advise you they will not come to collect it !!

redmalc wrote: »

Equaliser,you are quoting the obvious but in real terms i deal with these situations on a daily basis and i can advise you that i come across people selling assets which belong to the estate of a Bankrupt or Insolvent company and nothing is ever done to recover the money

Also bear in mind OP, that just because the Official Receivers office where redmalc works will over look this, doesn't mean the office in your area will. There is a huge difference throughout the country as to what one office will excuse and another won't.

If it does belong to your builder and you sell it you are gaining an unfair advantage over other creditors and the OR is within their right to demand any money received from you to be distributed equally amongst the other creditors you have deprived.

fuzzball172

thanks for all your advice, I contacted the builder and he confirmed that the scaffolding is his, not rented. He is happy for me to sell it.

Equaliser123

fuzzball172 wrote: »

thanks for all your advice, I contacted the builder and he confirmed that the scaffolding is his, not rented. He is happy for me to sell it.

If he has gone bust, then he doesn't actually have the capacity to authorise you to sell it.

You would be mad to do so.