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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had someone we employed through an employment agency and

Customer Question

We had someone we employed through an employment agency and he had a dispute about holidays. When we no longer needed him, he clamped our van and kept it on his property, we eventually recovered it after 4 weeks, we had to pay for a recovery truck. He now has an I pad, phone, labelling machine and van stock belonging to us that he refuses to return.
We have reported this to the police but they say it is a civil matter, can we recover these goods through the small claims court?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Yes it can. It is illegal to clamp (except for Councils) in the UK.
You need complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You are asking the Court for an order that they deliver up the items or give the replacement value (assuming it is below £10,000). The court will send the other side a copy of the claim form and they can defend it.
The court will then set the matter down for a trial and decide whether to make the order. If the Court makes an order to deliver back and they refuse, they could be in contempt of Court and warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex