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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I AM BEEN TAKEN TO COURT FOR TAKING BACK MY EQUIPMENT WHEN

Resolved Question:

I AM BEEN TAKEN TO COURT FOR TAKING BACK MY EQUIPMENT WHEN NO PAYMENT HAS BEEN PAID AFTER 12 MONTHS.
HE CLOSED DOWN HIS FISH SHOP AND NOT TOLD ME, APPOINTED A LIQUIDATOR TO PRICE MY EQUIPMENT AT £5000, HIS BILL WAS OVER £24000.
NOW THE LIQUIDATORS HAVE APPOINTED A SOLICITOR TO RETREAVE FULL AMOUNT.
FROM THE OUTSET THE SHOP OWNER AND I HAD A VERBLE CONTRACT TO TAKE BACK MY EQUIPMENT IF THE SHOP DID NOT WORK.
CAN YOU HELP PLEASE
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Were you a limited company please?
Customer:

I am not a limited company but the shop owner was.

Customer:

I am not a limited company but fish shop owner was.

Alex Watts : Did you lease the equipment, was this in writing?
Alex Watts : If not is there any evidence of the contract at all?
Customer:

I did not lease to the shop owner I supplied all the equip to start trading, then when he starts to make any money I wanted paying back. I was giving him 3 to 6 months. there was a verbal agreement from the outset that if the trading stopped then I would get my equip back. he said I cannot loose

Customer:

no evidence of contract just verbal but his accountant was there

Alex Watts :

Do you have evidence you own the equipment?

Alex Watts :

Did you have a rent book or regular payments into your account from his?

Customer:

yes I do have evidence. no rent or regular payment plan 12 months later he did not pay 1 penny

Alex Watts :

I assume you have evidence that you originally purchased the equipment?

Customer:

yes

Alex Watts :

Ok - on what basis do they say you owe the £24000?

Customer:

they are saying I removed the equipment wrongly and they want it back or the cash amount. the liquidator was called in to price my equipment with out me knowing and the fish shop owner told me the value for everything was £5000.

Alex Watts :

Ok - well if you own it and you can prove it then you have nothing to worry about

Alex Watts :

The problem is you dont have a written agreement.

Alex Watts :

But you have evidence if regular payments

Alex Watts :

Therefore you do not need to worry about this.

Alex Watts :

They can try and take you to Court but you can defend it on the basis that it is your equipment

Alex Watts :

You own it, they have no right to it whatsoever

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

could you help by composing a letter I need to send to them.

Alex Watts :

If you draft it I can review it

Alex Watts :

But sadly I am not permitted to prepare documents for you

Customer:

can I get back to you about this later please

Alex Watts :

Sure.

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.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

does it make any difference that I had invoiced the shop owner for the eqipment

Alex Watts :

That actually helps you

Alex Watts :

Assuming it was for the rent and not for the equipment itself

Customer:

no it was for the eqipment

Alex Watts :

Ah ok - you did not say that

Alex Watts :

That causes you a problem

Alex Watts :

Because that seems to indicate you had sold the equipment

Alex Watts :

If you sold it and had not received payment then sadly the liquidators are right

Alex Watts :

It belonged to the Company, you had no right to it

Customer:

on my invoices it states that the goods are mine until full payment is received

Alex Watts :

Yes but in that case you need to refund payments back of money received.

Customer:

no money has been received

Alex Watts :

OK - but you said you had been receiving payments when I asked you?

Customer:

no I meant evidence the equipment belonged to me but no payment has ever been made

Alex Watts :

Ok - then you are still ok.

Alex Watts :

The terms trump.

Alex Watts :

It is your property

Alex Watts :

They can not take your own property.

Customer:

the terms trump, what does that mean?

Alex Watts :

Take precedence, override.

Alex Watts :

Can I clarify anything else?

Customer:

may I contact you again at a later date if I need to

Alex Watts :

Yes you can post back or post a new question to me

Alex Watts :

Can I clarify anything else?

Customer:

not at the moment, thanks for your help

Alex Watts :

Ok - if I could invite you to leave feedback before you go thanks

Customer:

you have helped me a great deal thank you very much

Alex Watts :

No problem, if I could invite you to click on a smiley face - thanks

Customer:

excellent service

Alex Watts :

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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