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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My limited company was doing work for a large xorporate, over

Customer Question

My limited company was doing work for a large xorporate, over a period of 2-3 years. Recently I was told that they wouldn't be offering me any more work. I was given permission to store tools and equipment on site. My tools and equipment are worth approximately £4000. The circumstances under which my services were terminated meant that I was paid in advance for work I which I was subsequently stopped from doing, by them. The overpayment was for £3000. They are witholding my tolls and equipment in lieu of the overpayment but I need my property now. I have incurred direct costs due to last minute cancellation of work and subsequently because they asked me to collect my property and then changed their minds and said I could no longer do so because I owe them the full amount. I dispute the full amount and I know that it will be next to impossible to reclaim the money once it has been paid. Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Unless any terms and conditions with them expressly state that they are entitled to retain custody of any of your property in their possession in the event of any dispute over fees, they are not entitled to hold on to your tools like this and you may file legal proceedings against them for a court order forcing them to return your tools to you and you may also make a claim for direct losses you have incurred as a result of them unlawfully holding on to your tools.

You may file court action using the N1 claim form which you can find here:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338

Hope this helps
Customer: replied 3 years ago.

Thanks. I have received this as a reply

"Jethro,

Your legal advice is incorrect. A lien also arises at common law so Dentsu Aegis Network is entitled to retain possession of your property until the debt is settled.

We should be grateful if you would confirm when this will happen so that we can resolve this dispute amicably and without the need for further action for recovery on our part."

Is this correct and if so is there anything I can do about it? I'm guessing there a precedents for this type of thing.

It may be worth noting that this is a large, multinational corporate.

Jethro

Expert:  UKSolicitorJA replied 3 years ago.
There is no such lien as they were your client under a contract for services.
You may sue them for the price of your tools, the fastest way to do so is online at www.moneyclaim.gov.uk
Hope this clarifies