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gavman99 | URGENT - How do I prove legal ownership of goods I bought in cash in a private sale ? |
At the time of the sale, we drew up a receipt which details the name of the person doing the selling, the name of the person who bought them, the date of the sale, as well as the description and costs of the goods. Both parties signed the receipt.
However I now need to prove legal ownership as the inland revenue are trying to seize the goods from the person who sold them to me. They claim the receipt is not legal proof that I now own them ? They are suggesting that the sale should have gone through a court ?
Any advice is appreciated.
Additional Details
Update on responses so far :- the goods were not stolen.....I bought them from a friend. He knew that in the near future the inland revenue may be putting a claim on them which is why he sold them to me. But the date of sale is seven days prior to the date that the inland revenue came to his house. They assumed he owned them because they were still in his house which is why they appeared on the list of seizable goods. |
 |
 
minime
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if the goods where in his house when they were listed then they have the right to take them, it is the same as a baliff , when they come to your house and list the items they will be removing you are not allowed by law to get rid of the items, if the items do not belong to you then you have to prove it at the time they are listed as items to be removed, and even then the only things they are not allowed to take or list are items that are on an HP or loan, your friend has dumped you in it as the inland revenue have all the rights to get the stuff from you. |
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Mike M
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How do you know the goods were the persons to sell?
if the goods belonged to a company in liquidation, or an individual who had been made bankrupt. then sorry the goods were not his to sell... you lose!
If its the gov or a gov agent chasing - they will win.
Can you prove the individual had the right to sell?
Sorry but this is not looking good for you.
Mike
http://www.rapidbi.com.bir |
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Silke
|
Definitely get a solicitor. |
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D B
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there was no need to go to court to buy them unless there was a garneshee order on him. however, why did you not trmove the goods when you bought them |
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jamand
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Doesn't matter - a receipt is not proof of ownership or purchase.
Example: You buy a PC - take it outside and givereceipt to a friend with same PC that has broken - they use your receipt to obtain a reapir or new item - receipt is not proof of ownership or purchase - case law.
If the piece of paper is signed by both parties as a transfer of ownership and you can prove that money changed hands - tough luck on the Inland Revenue.
The Inland Revenue cannot seize goods that the person they are trying to seize them from does not have.
ONLY exceptions as stated above are - If goods evaded taxation laws or are stolen merchandise |
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willow
 |
Usually a receipt is accepted as legal ownership...but if the seller knew the items say were stolen and knowingly sold them on to you they can be seized back.
You need to get professional advice seek out a solicitor who specialises in this type of work in your area. |
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Bardic
|
If the goods were not the property of the person who sold them to you, I'm afraid you lose out; it sounds like it was something to do with a bankruptcy and if that's the case the goods become the property of the Receiver.
It's the same as if you buy a stolen car, whoever sold it to you has no right to do so and, again, you lose! |
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Paddy
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I should think if the goods were stolen or not the property of the seller then it would be the police who would recover them not the Inland Revenue. If the legal owner sold them then the Inland Revenue would be looking to recover the value of the items as would have been claimed for in the tax return.If the person had claimed for capital expenditure for all or part of the expense of this item they would want the amount they were sold for paid back to them. This is the balancing charge |
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steffi
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I think there could be an interesting legal query here, if the original owner sold the goods purposely to avoid paying his debts or have them taken by distraint. Was a market price paid? Under inheritance law, property can be put back into the estate unless certain rules are adhered to in the transfer of assets. Don't know whether this applies to other transactions. |
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sam g
 |
There is obviously something not right about either the seller or the goods in question. Otherwise the IRS would not be getting involved, as normally a written receipt is more than enough proof of ownership.
Unless the seller can provide you with his proof of ownership, which would legally allow him / her to sell the goods to you, you unfortunately do not have a leg to stand on. |
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Ayo A
 |
get an atty. |
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Phurface
|
Hard to say since you're in the UK and I'm in the States. If the goods were stolen to begin with you've got a problem. Consult a barrister/attorney. Did the original owner have legal proof of ownership? |
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helloyou
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Try your Citizen's Advice Bureau, or your MP for help.
If the Revenue are 'bullying' you at least the MP has some clout Also CAB has access to legal advice. |
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Maid Angela
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To quote Mandy Rice Davis "they would say that wouldn't they" Put the goods where they cant get them and they will have to go to court to for them then you produce your receipt. What else could you possibly get to prove the transfer of good title. (That is legal jargon for a sale). Sit tight if they persist ask them what is better than the receipt for proof of title and see what they say. I think they are just trying it on.
I see someone is bringing in the aspect of good title by the seller. If the seller did not have good title then you have not got good title but they don't belong to the person who sold them to you but to the person who passed them on to the seller so the inland revenue can't seize them either. I would say that your seller had title which is why the inland revenue are trying to get them to clear unpaid taxes. The only iffy point is that if the guy had an agreement with you to let you have them really cheap so there was no money for the inland revenue to get and there was an agreement between you for you to sell them back later. They may try and say that but they have to prove it but only on the balance of probabilities |
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