how do we stand

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we have been chasing money off a cliet for some oil they bought off us, the company went into receicevership last week, we have been over and they are still trading, can we go in and take the oil back - there is nearly £3000 INVOLVED

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  • The_doomed
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    seek legal advice, not forum advice!
  • richt71
    richt71 Posts: 946 Forumite
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    You're in a defficult position. The recievers will try to settle outstanding bills in order of monies owed and may only offer you a certain % of the money owed. I would suggest you get legal advice as previously suggested and not try and take the oil as the recievers may call the police.
  • Petmidget
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    Though if your terms and coniditions state that until goods are paid for they remain yours, then you do have the legal right to reclaim your goods.

    For this you would need the services of a bailiff, but if you could get the receivers to agree to its return it would be easier.
  • toolpath
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    Petmidget, what would be the situation then if the company involved had sold the good on. Would you be able to reclaim your goods from the second company?
  • Petmidget
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    I cant say that I know, as 2nd person may have already bought and paid for goods therefore retaining title. I would imagine that would put you in situation of havng to reclaim through usual receivership channels.

    I do know that if you have a secured debt (HP for eg) then if the debtor sells the good you can still legally take it back. Which is why you should always check if a 2nd hand car is free from finance.
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