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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32826
Experience:  Over 25 years experience in law
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Commercial verbal agreement ended, and

Customer Question

commercial verbal agreement ended, and the landlord has our products, in which we are trying to recover them
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
basically we have been trading for almost a year, we were subletting the garden of a restaurant and paying cash rent monthly - no receipts were provided - upon exiting the premises and we were in the process of moving our equipment a fight broke out and all our goods are still left at the premises and during the fight some goods were damaged by the landlord out of anger. we dont want to go through too much hassle all i need advice is how i can go about getting my goods back from the premises. i have majority of the receipts to prove they belong to me, i also have a business Instagram that we used for advertising and promotion, also i still have contact with many customers that can vouch of our existence
Expert:  Thomas Judge replied 1 year ago.
The starting point is that you should contact the police to make arrangements to collect your goods - it is not for him to remove or destroy. You are entitled in law to your items back - if they are damaged or not returned the realistic approach is to actually take court proceedings either for the return of the goods or more likely the value - this can be done through the small claims court (depending on the value) at www.moneyclaim.gov.ukHappy to discuss - please rate positive
Customer: replied 1 year ago.
we contacted the police during when the fight broke out and they mentioned that they cant help as its a 'civil' dispute and only way for us to get out products back are through contacting a solicitor
Expert:  Thomas Judge replied 1 year ago.
I am not convinced that I totally agree - but they do say this more and more these days - you can get a solicitor to write formally but if he ignores then it really is the court action as suggested above. Please rate positive
Customer: replied 1 year ago.
when going through small claims court are we required to have a solicitor or can i progress with the court proceedings myself? also the total value of the goods is in the region on £20,000 but of which i have recovered receipts for around £12,000-£14,000
Expert:  Thomas Judge replied 1 year ago.
Ok if you are looking to recover about £20,000 and I would presume that you would look to recover interest then this will fall above the small claims court - I would suggest that it would be a very good idea to instruct a local solicitor to represent you - you should also check as to whether you have insurance which would cover the instruction of a solicitor. Happy to discuss. Please rate positive
Expert:  Thomas Judge replied 1 year ago.
Just because you do not have receipts does not negate that element of your claim - it does of course make it harder to prove that element. Please remember to rate positive.
Customer: replied 1 year ago.
even though the total value would be over £20,000 but the items i could re use or sell would amount to around £12,000 if i wanted to claim for that much in small claims court would i require a lawyer or could go through the claim form you provided the link by myself and avoid paying a solicitor as the cost may be more than i can afford.
Expert:  Thomas Judge replied 1 year ago.
The small claims limit is £10,000 - you can of course limit yourself to that sum but not higher. You do not need a lawyer for the small claims court. Please rate
Customer: replied 1 year ago.
thats perfect, but the thing is i physically might not be claiming monetary value, when the fight broke out he damaged some of my goods infront of us, assuming majority of the good still exist at premises and only around £4000 worth of goods have been destroyed or thrown away, how would i go and recover my goods from the premises?
Expert:  Thomas Judge replied 1 year ago.
You should write a formal letter to collect the goods (thats why I suggested the police) - he is something called a bailee - which means he can not dispose of the items - he owes you a duty to hold the items. A solicitors letter (cost about £100) usually does the trick. Please rate positive
Customer: replied 1 year ago.
so essentially i just need a solicitor to draw a letter and send it to him stating that i want my goods back, assuming he does respond and gives the goods back but obviously there is still money owed to me because of the damaged goods, would i then go through small claims court for the remaining of my goods in monetary value?
Expert:  Thomas Judge replied 1 year ago.
Thats exactly right - I hope that helps - please rate positive and come back if anything else
Customer: replied 1 year ago.
im trying to rate you but it doesnt let me pick the stars?
Expert:  Thomas Judge replied 1 year ago.
It should
Expert:  Thomas Judge replied 1 year ago.
The rating system has been resolved - thanks - please rate positive

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