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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice
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Hi,I'm an IT business owner. Today, in our workshop, a

Customer Question

Hi,
I'm an IT business owner. Today, in our workshop, a customer decided to threaten one of my staff members and barge his way into the back over a dispute on a payment amount. He was invoiced £70 which he deemed to be a fair price, and this morning turned up with £30 slammed it on our counter and threatened our staff member who was alone in the shop at the time. He was told that he couldn't release the device without full payment so the customer took it upon himself to retrieve the device from the back of our workshop, opening a staff only barrier.
I contacted the police once I arrived to the shop, they told me that it was a civil matter on the switch board of the non-emergency line as the device belonged to him. I did try to explain that the device isn't solely theirs as it contains components which belonged to us. Is this information correct? Or do I need to pursue it further?
Kind regards,
Adam.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

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

Jo C. :

You mean is this a civil matter?

JACUSTOMER-vpjh0616- :

Hi,

JACUSTOMER-vpjh0616- :

yes. Is there anything the police can do, is this not theft?

Jo C. :

Well, lots of civil matters could be charged as theft.

Jo C. :

The truth is that they are too busy prosecuting people for trying to kiss somebody 100 years ago and mediating domestic squabbles to deal with any real crime.

Jo C. :

On the face of it, it isn't just a theft but a burglary.

Jo C. :

I havent' had full vision of this case of course.

Jo C. :

If he does have some ownership of the device then you could argue that it belongs to him.

Jo C. :

The fact that you have exercised skill upon it doesn't change that.

Jo C. :

It just gives you a claim for the price of the job.

Jo C. :

You could argue that you were holding a lein over it until the money had been paid although you didn't specifically make that point and probably don't in your literature.

Jo C. :

But it is not likely they would prosecute anything that complicated

Jo C. :

I'm afraid.

JACUSTOMER-vpjh0616- :

So what do you recommend as the best cause of action?

Jo C. :

It depends what you want to achieve.

Jo C. :

If you want to recover the £40 then just sue.

Jo C. :

It is a small claims court sum so it will be cheap enough to issue.

Jo C. :

You can do so here

Jo C. :

www.moneyclaim.gov.uk

Jo C. :

but send him a letter before action giving him 28 days to pay.

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