BR AND WINDOW REMOVAL

[pm.e]

Hi,

I am approaching the last week or so before I have enough monies to petition for BR.

One slight problem I have is that I had some windows installed nearly a 12month ago. These were not paid for by a finance company but had them direct through a contact I had through my old employment.

As time has passed I cannot afford to pay them.

I dont appear to have any formal contract with them, and as I intend going BR I am worried that they will come and take the windows once they get wind of my BR application.

Is it possible that I can apply for Court injunction before I apply for BR to ensure that they cannot remove these from my home?. They are fitted to my property and the last thing I need after applying for BR is someone taking my windows.

And I dont want to have to call the police for all of the street to see this mess!

Please can someone help!!

Thanks,

[MelanieGiles]

There is no need for this - I think advice on this matter has been given on earlier posts.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[pm.e]

Hello Melanie,

I hope I didnt offend you asking this question, I was unsure of the whole thing, and was why I asked.

The question of whether I obtain an injuction to prevent this has never been aksed.

[MelanieGiles]

Not offended at all - but I feel that your windows are very safely installed. When I said "no need for this" I meant the injunction - hope you didn't think I meant your post!!!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[pm.e]

Hello Melanie,

I think I misunderstood your email.

Its just that the window people are contacting me at my new job (my contact details given by me previous employer), and have recently received a hand delivered reminder for payment.

Do you have any further advice how to deal with them, as I dont want my new employers knowing about all of this.

Many thanks,

[MelanieGiles]

Tell them that you are going to be petitioning for bankruptcy soon, and that you will make sure that they are included on the list of creditors to be handed over to the Official Reciever. They will likely continue to pursue you until the bankruptcy order is made, so the sooner you can do that the better.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[pm.e]

Hello Melanie,

Thanks for the email.

Just one final question, what happens if they say they are coming to take out the windows?

[WhenInAHole]

I'd have thought that windows would be about the safest asset you could imagine both practically and legally! They can hardly take them easily as they are (I presume) part of your house now installed! They would basically have to break into your house to remove them which is a criminal offense and I think even the worst "It's a civil matter, Sir" police officer would act if you called them.

From a legal point of view even if they had a court order and sent bailiffs they couldn't remove windows... although they could climb in through them if open!

However, I guess you don't want a big scene with the police etc so follow Melanie's advice and let then know your are planning BR and will be on the list. If they do threaten to come round and take the windows I'd send a strongly worded letter explaining that they have no right and you will call the Police if they do.

[MelanieGiles]

I've given you the answer to this in previous posts - the Sale of Goods Act says that title to goods passesupon delivery, unless they have used retention of title clauses in their terms and conditions. So if they do suggest removing the windows, which I am sure that they won't, ask to see the contract you actually signed and then seek legal advice.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[pm.e]

Hello,

Many thanks for your posts.

I am clearer now.

Thanks,