This is urgent!! Bankruptcy action

jworld

I have a pet shop. I used to have a zoo at the back of my pet shop. I closed the zoo down last year and my licence ran out on the 14th of December. I kept some species back like spider monkeys, rhesus macaques, raccoons and capuchins as my own personal collection. these are not commercial stock to make money nor do I make money from them. I have applied for my DWA licence which is a private individuals collection licence. I was declared bankrupt through a bad decision 3 weeks ago. the insolvency appointed their agent to seize ALL goods at my business. They gave all the pet shop animals away to an unregistered organisation in the south of Ireland (im north in uk). I am totally disgusted. The monkeys are still on site. these have absolutely no value what so ever. these were resued by myself over the years. There's a supposed sanctuary coming this Wednesday. I have been doing a lot of research. Can they actually give away my own private pets that have no value and the IO has nothing to gain??
The agent appointed by the Insolvency service has made a shambles of the whole operation and there was animal welfare issues whilst they were in their care.
CAN I STOP THIS AND GET MY PETS BACK?? URGENT???

fermi

I imagine they fall under:

8.82 Dangerous animals

If any animal appears likely to be dangerous, consideration should be given to its immediate disposal with the assistance of the appropriate organisation. The keeper of an animal will be strictly liable for any damage caused by that animal if the animal belongs to a dangerous species (i.e. one not usually found domesticated in Britain) and also, in certain circumstances, for damage caused by an animal which is not of a dangerous species URL="https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch1-12/Chapter8/part5/part%205%20notes.htm#2"]note 2[/URL. A keeper is the person who owns or is in possession of the animal. The official receiver will, as trustee, own the insolvent’s animals, and could, as receiver and manager or liquidator, be considered to be in possession of such animals.

Flyright

As soon as the bankrutcy order is made control of yur estate (both assets and liabilities) passes to the Official Receiver so it is his/her responsibility to deal with onerous or dangerous items as the OR could be personally liable for failing to do so, because from the moment the order is made you lose control of your assets and you cannot dictate what happens to them.

rizla_king

the animals are not yours any more.

TheGardener

I think if we were talking about a domestic pet - cat/dog/budgie/hamster etc then it wouldn't be a problem but a collection of wild animals would need feeding etc and I guess it might be difficult for the OR to allow the cost of feeding them (or vets bills) in your SOA?
I am aware of a BR who had 2 horses - the OR said she could keep them but wouldn't allow the cost of stabling/grazing and fodder in the allowable expenses so they had to be sold.

silvercar

It may hinge on whether the animals belong to you personally or to the pet shop. Can you find documentation proving that you paid for them from personal funds rather than your business?

If you bought them off the business you would need to show that you purchased them when you had no knowledge of impending bankruptcy.

If you could manage to persuade the authorities that you own the animals then I can't see how they could take them away from you. Budgeting for food etc is a separate matter, but that is a different issue.

slowpoke_rodriguez

What's the name of the rescue organisation?
If it's the one I saw on the telly a short while ago the monkeys will have a right old larf. Woods and trees, islands and tarzan swings; Better than being cooped up in cages...

debt_doctor

Hi,
In my view the OR has done exactly as they are required to do and have passed the animals to another deemed suitable organisation and therefore ended the OR's responsibility.
The only possible way I see a return of the animals to you is by a third party known to you buying back (and therefore owning) those animals and allowing you to look after them.
This is no doubt difficult to achieve as it brings in all sorts of licencing and animal welfare issues that I know nothing about.
DD

MEM62

I would imagine that these animals require specialist (and expensive) care with proper feed and veterinary care etc. If you are bankrupt how do you propose to provide financially for these needs?