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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Having traded with a transport company for three years, can

Resolved Question:

Having traded with a transport company for three years, can they hold my consignments without advance notice to me?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I own a freight forwarding company and have traded with a european trailer operator in excess of three years, exceeding amounts of £7000.00 during the trading relationship. In April 2014 the trailer operator held several of my consignments, without any notice to me what so ever. At the time we owed a total on our account of £2800.00, some of which we had not received the invoices for as the debt was not aged. Can the company legally hold our cargo without any advance notification? Can the trailer operator take a booking to move cargo with the knowledge they intend to hold the freight?

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

There are clearly cross jurisdiction issues here so I'll pass this onto somebody who can help with that.
Customer: replied 3 years ago.


I would like the answer to my original question which the expert is passing over to somebody else!

Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** 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.

Do you have a signed contract with them?

Customer: replied 3 years ago.


Alex, the contract we form with the carrier is per consignment basis governed by the CMR Convention.


 

Expert:  Ash replied 3 years ago.
No they can not just hold consignments. They are governed by the Convention as well as by contract. If they have not invoiced they can't hold onto the consignments.

Can I clarify anything for you about this today please?

Alex

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