unpaid bills by previous owner

Debt_Free_Chick

silvercar wrote:

I don't know that the builder is aware that the people he did the work for have moved. He is also clearly not aware they are bankrupt. He has got a court order requesting payment, which i guess is an attempt to get a CCJ against them (bit fruitless being they are bankrupt). They would have been ignoring his letters, sent to my address, but forwarded by Royal Mail.

Could he go back to court and ask for baliffs to remove the goods, leaving himself and the court unaware that the property has new owners?

That's a good point. I think if he did, then the Court Order would be enforceable against the previous owners. So if bailiffs turn up on your doorstep, you simply tell them that the Order is not enforceable against you.

I would be inclined to tell the builders the current position i.e. that you have bought the goods, legitimately, as part of the house sale. I am fairly sure that this will scupper any Court Order they have, as it would have to specify the person with the rights to recover (the builder) and the person from whom the goods are recoverable (the previous occupant).

I think there are two reasons for doing this .... firstly, the builder might simply find it "odd" that you have not stated your position previously. Secondly, it might prompt him to change tack and go after the previous occupants, rather than appoint bailiffs. The builder might simply write off the debt rather than waste any more time & money in pursuing it.

I wonder if your solicitor (who dealt with the purchase) might give you some quick advice/reassurance for free, over the telephone?

prudryden

welshcakes wrote:

I can't find that the property was obtained by deception if there was a contract agreeing to supply an item at a specific price and that the goods were supplied as described; the fact that the invoice has yet to be settled by the purchaser does not imply any deception or misrepresentation by either party.

I agree. At this point there is no implication of being deceptive or of not being deceptive. However, if the seller knew that he was not going to pay and had knowledge beforehand that he was going to declare bankruptcy, then that is deception.
In any case, the contracting firm needs to report to the police as a con. This way they will get a claim number that they may use with their insurance company.
I doubt they will pursue the line of criminal intent or, as Debt rightly points out, the terms of the T & C. but will claim on their insurance as stolen goods.

silvercar

PoorDave wrote:

What value of items are we talking? Could it be that you're willing (if it comes to it - people saying "pay me or i'll take my items back") to pay the bill, then proceed against the ex-owner?

£500. No way would I pay, I would never get it back from the previous owners as they have gone bankrupt so as far as their are concerned all their debts have disappeared.

Debt_free_chick wrote:

firstly, the builder might simply find it "odd" that you have not stated your position previously. Secondly, it might prompt him to change tack and go after the previous occupants, rather than appoint bailiffs. The builder might simply write off the debt rather than waste any more time & money in pursuing it.

I didn't know about it until the mail redirection service stopped. Doubt there is much point him going after the previous owners.

Prudryden wrote:

However, if the seller knew that he was not going to pay and had knowledge beforehand that he was going to declare bankruptcy, then that is deception.

I suspect this is the case with this and other debts. I know there was masses of equity from the sale (they moved to rented), then 5 months later they go bankrupt!

Thesaint wrote:

How did you find out all this information?

Letter postmarked from the local court arrived here addressed to previous occupants. This is the first day that post has not been redirected. Through the large window on the envelope I could see some of the writing. I knew the previous owners had had work done by this firm just prior to exchange.......Know they went bankrupt from the insolvency website......Knew they had loads of equity left from the sale from a discussion with solicitors about a mix up on their redemption confirmation....had previous visits here from baliffs.....

All legitmate sources of info that fit together, whether I would want to contact the builders to explain all that I'm not sure.

Hereward

silvercar wrote:

£500. No way would I pay, I would never get it back from the previous owners as they have gone bankrupt so as far as their are concerned all their debts have disappeared.



I didn't know about it until the mail redirection service stopped. Doubt there is much point him going after the previous owners.



I suspect this is the case with this and other debts. I know there was masses of equity from the sale (they moved to rented), then 5 months later they go bankrupt!



Letter postmarked from the local court arrived here addressed to previous occupants. This is the first day that post has not been redirected. Through the large window on the envelope I could see some of the writing. I knew the previous owners had had work done by this firm just prior to exchange.......Know they went bankrupt from the insolvency website......Knew they had loads of equity left from the sale from a discussion with solicitors about a mix up on their redemption confirmation....had previous visits here from baliffs.....

All legitmate sources of info that fit together, whether I would want to contact the builders to explain all that I'm not sure.

Did you sellers leave a forwarding address? If so, forward the letter to them and inform the court of what you have done, otherwise write to the court and inform them that the sellers no longer live there (you could include a copy of your sales invoice for the house).

silvercar

Hereward wrote:

Did you sellers leave a forwarding address? If so, forward the letter to them and inform the court of what you have done, otherwise write to the court and inform them that the sellers no longer live there (you could include a copy of your sales invoice for the house).

They didn't, but I've found the address on the insolvency website - though they could have moved on.

I've put the letters in the post box marked "gone away, return to sender".