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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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A person who was a self employed agent for my business, was

Customer Question

A person who was a self employed agent for my business, was given a car to use, his services were no longer required on the 8th nov 2013, he has been asked on a few occasions to return our property, he has refused
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this. Do you mean he still has your car?
Customer: replied 3 years ago.

yes he still has the car, but this is in England not South Africa

Expert:  Jo C. replied 3 years ago.
Yes, I'm in the uk.

Whats his account for this? Why does he say he should not?
Customer: replied 3 years ago.

He is owned some wages about £750 we have emailed him and told him that when we get our property back, car plus laptop he will be paid.


He has signed a form saying agreeing that if the laptop is not returned within 7 days on departure from the company we can retain £600 from any outstanding monies due. It has now been about 26 days

Customer: replied 3 years ago.

He was a self employed agent not employed

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously he does have a claim against you for the wages but he cannot just keep your property in this way.

You have various options. You can always just report these items stolen to the police. If he is retaining them without permission then that is indeed theft by retention.

Also, you can always cancel the insurance. He will get picked up for driving without insurance fast enough and the car at least will be returned to you.

You do have an ethical obligation to warn him before taking theses actions though.

You can also seek an injunction order forcing him to return them but thats expensive.

Can I clarify anything for you?

Jo

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