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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have been storing assets of a company (furniture, AV equiptment,

Customer Question

We have been storing assets of a company (furniture, AV equiptment, old PC's etc) value approx £8k. The company has now been put into liquidation and the appointed liquidator is demanding the assets and I have a valuer/auctioneer demanding access to our facility. We are owed £14,000 in storage costs. Can we claim a warehouse Lein? and stop them using section 234 of the Insolvency act.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Sadly not. This is because you have to have done some work or changed parts which were not paid for to be subject to a legal lien.
JACUSTOMER-92egljuu- :

The property has been moved on several occasions to avoid damp and air conditioning has been on constantly does that make a difference? If not do I have any other legal option or do I have to loose the rent and surrender all the assets? Some items were their clients and they were paid to destroy them securely but they are still here how do I stand on this?

Alex Watts : Sadly you have no option, section 234 is quite clear they can apply for a court order and if they get it you may be liable for costs.
Alex Watts : I am sorry as I know this is unfair and indeed it is.
Alex Watts : i realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
JACUSTOMER-92egljuu- :

Can you give me your view on the last point - Some items were their clients and they were paid to destroy them securely but they are still here how do I stand on this?

Alex Watts : These still sadly belong to the company - they are in your possession and therefore covered under the act. I am sorry.
Alex Watts : Does this help?
JACUSTOMER-92egljuu- :

My last email to them at least a month before they went into liquidation read:

Please find attached the latest invoice for storage costs for your attention.

All other invoices shown on the attached statement are still outstanding and I have no option but to insist on payment before any further access to the storage area is allowed.

Best Regards

Rob

Rob Brine

Director

JACUSTOMER-92egljuu- :

My final question is - Could the last statement I made in the email suggest a Lien?

Alex Watts :

Sadly not - the act is quite clear you can not deny access.

Alex Watts :

If you do, you run the risk of them obtaining a Court order and you would be liable for these costs and that could be around £5000/

Alex Watts :

I just don't want to you lose any more

Alex Watts :

Does this help?

JACUSTOMER-92egljuu- :

Thank you for you help

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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