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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In exchange hours work a week, I took a room in a house

Resolved Question:

In exchange for 8 hours work a week, I took a room in a house belonging to a couple on a 'farm' in Wiltshire. There was no tenancy agreement (and indeed the accommodation - one room K&B was built illegally meaning when financially pressed I couldn't claim any benefits). They told me they had loads of work coming up for a van, and, as I needed to sort out some wheels, I bought a van rather than put money into a little classic car I have. They had me drive to London and Scotland but didn't take the hours into account against the 'tenancy', then the van work dried up. I've done other things for them like painting and cleaning but now have very happily moved out of the place. I accept I owe them 34 hour's work, have sent them a schedule of work done, and, as patching together my life, have told them I can't do any hours until the end of April. This isn't good enough for them though and I had a mail from him telling me I was 'playing games' that I had an 'unseemly attitude' and I have seven days (come this Thu) to sort it out. I had, with their agreement, left a classic car (worth £1200), a bicycle that cost £550 new and has had little use, and they borrowed my pressure washer (£120) and Henry vac. He now says he is claiming my goods and values my car at £200, my bike at £50, and the rest rounds it off to £300 and I'm never to darken their doorstep again. He is confrontational and does easily resort to violence. I want to go along this Wednesday with a mate and a recovery vehicle and wonder if he does have any lien on my goods? Can I go to a Court and get some sort of order? I am thinking of hiring a pro security man. He does have an (unlicensed) shotgun. Haven't told that to the police (who I went to see), but they did say they couldn't do anything until he became violent. Any advice?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume you want to get your goods back and an order for that, is that correct?

Customer:

thanks. Affirmative, assuming I can't just walk in and get them - in the process possibly suffering violence

Alex Watts :

Indeed. What you need to do is apply to the Court for an Order requiring delivery up of the items.

Alex Watts :

You need to apply on Form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

You need to list all the items,

Alex Watts :

The court will send a copy to the Defendant who can respond.

Alex Watts :

After this there will be a hearing and you will be required to submit evidence.

Alex Watts :

If satisfied the Judge can give an order for 'delivery up'

Alex Watts :

If they refuse to this could be contempt of Court and they could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you very much . I'll do just that. MD

Alex Watts :

Great. If this does answer your question can I ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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