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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I worked for company x for a period of time, and things got

Customer Question

I worked for company x for a period of time, and things got tough for the company. I negotiated a deal which I would purchase two machines which they own. I then started up my own business. Company x since ceased to trade and were evicted from there premises. I was then asked to store another two machines that company x nor I owned but were indeed owned by a finance company that financed the machines to company x. The finance company know that they have been stored with me from day dot. I had an interest in maybe buying these machines from the finance company but they are looking much more money than I think they are worth. I have stored these machines now for a period of time and because I haven't come to an agreement with them they are now seeking to recover the machines. Do I have a case to say that I am owed storage money for these machines from the finance company?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have you been using the machine while they are stored with you?
Were they stored with you on the basis that you were going to potentially buy them?
Kind regards
AJ
Customer: replied 2 years ago.

No I haven't been using the machines.

Yes I did think I may have been able to do a deal on the machines but I made a bid approx 6 months ago that was rejected and i made it clear I wouldn't be offering any more.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately you cannot unilaterally enforce a storage cost without putting them first on notice of your intention to do so.
You would have to otherwise prove it was always agreed a storage cost would be payable.
I know it sounds obvious but you could always just send them an invoice for your time, administration and storage costs and see what they say - how much do you think you would want to claim?
Kind regards
AJ
Customer: replied 2 years ago.

They have known now for over two months that if my offer wasn't going to be accepted that I would be raising an invoice for storage from the date I had the machines until the date they would be collected. I made this clear in an email and so have a paper trail for this. But they haven't made a move to recover the machines as of yet.

As regards ***** ***** I wouldn't be trying to over charge. The machines are fairly large so I would charge the going rate for the floor space they occupy.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you put them on notice of the charges, then you are entitled to charge them for the continued storage from the date the notice was served.
Did you inform them of how much you intended to charge?
Kind regards
AJ
Customer: replied 2 years ago.

I gave them a figure of 2k to 2.5k per month. This sound fair?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
How much space do these machines take up?
Is £2k the going rate?
Kind regards
AJ

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