How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46808
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We are a courier company and we done 1 delivery to Spain

Customer Question

Hi
We are a courier company and we done 1 delivery to Spain for this client and then collected another load coming back to UK,after delivery arrived in UK he told us he will pay us cash on delivery at his storage place in Maidstone then the day before he told to deliver to another address which is in Leicester which we refused as agreement was meeting him at his storage for payment of £1800 so we are holding household goods till he pay us.
Pls advise what is the next step
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you willing to deliver the items to Leicester if you are paid for the extra distance?
Customer: replied 1 year ago.
HiNo the deal was to Maidstone depot which driver was there at 9am today n third party person did not show up with payment and now we have to put it in our storage.
Expert:  Ben Jones replied 1 year ago.
Would the value of the goods cover the amount you are owed?
Customer: replied 1 year ago.
Don't thing so
Expert:  Ben Jones replied 1 year ago.
Contractually you would only be obliged to deliver the goods only to the pre-agreed location. Some small changes may be tolerated, such as a different address in the same city but a change from Maidstone to Leicester is quite some way away. So unless the contract allowed for that, this would not be something you would be expected to do and you can refuse the delivery. You can store the goods in the meantime until the customer is prepared to either collect the goods themselves or accept delivery at the original location. I they refuse either options then you have the following rights – you can hold on to the goods for a short period and advise the customer that they have a month to either collect them or accept delivery as arranged or you sill dispose of them. You should not just chuck them away but if possible sell them to try and make some money back for hat you are owed. If there is still an outstanding amount after that then you are able to consider taking the person to the small claims court to get what you are still owed. This is your basic legal position. I have more detailed advice for you in terms of the specific steps you need to take to progress the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Hi
He told that we cant hold the goods and he will call Police.pls advise
Customer: replied 1 year ago.
We dont mind he can come and collect that from our garage with payment for 2 jobs as agreed.
Expert:  Ben Jones replied 1 year ago.
You are allowed to hold them, it is called possessionary lien. The police are unlikely to be interested in this matter, it would be viewed as a civil dispute not a criminal one
Customer: replied 1 year ago.
AlsoDriver damaged client gate at Spain delivery which we are happy to provide insurance policy to cover the claim but nothing happen to the goods and he saying it will cost more then he owed us.Pls adviseWe are happy to provide insurance details as its accident on the road n nothing happen to goods delivered with clear signature
Expert:  Ben Jones replied 1 year ago.
ok this is a sepsrte matter, I am happy to discuss this further but please leave rating for the nswer to the initial query above thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46808
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No now he told us about the accident same job.
Customer: replied 1 year ago.
I have other matters to talk
Customer: replied 1 year ago.
Pls respond
Expert:  Ben Jones replied 1 year ago.
With the gate, you can only really provide the insurance details and let them cover this. Only if the insurance is no able to cover the damage caused can he pursue you for the difference. If he is claiming that the goods were damaged then he would need to prove this was the case and then you would be looking at the condition of the goods on pick up and on delivery and what he signed for, whether he was happy that they were in the same condition. In terms of having to pursue him for the amount owed if he refuses to pay you, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions