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: 47365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am holding in storage my friends household contents and

Resolved Question:

Hi,
I am holding in storage my friends household contents and the next payment of the storage is due within the month. I am falling out with them since they owe a combined amount of £400 and don't want to add to the debt. My friends boyfriend in my view has no intention of paying back 220 pounds for the car we paid for. We will issue the storage 7 days notice. I am going to ask for £245 for the storage or their stuff will be taken away. Do I have any legal right to do this?
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.
Expert:  Ben Jones replied 1 year ago.
Did you agree anything in writing?
Customer: replied 1 year ago.
No. Just with the car to August.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. This is something which would generally be covered under the common law of lien, which is where someone is granted security over property to secure the payment due to them. However, unless you had a contractual right to keep the goods and deal with them as you see fit for other debts, h common law lien rights will only be granted to you in order to secure a debt under the contract for these goods. In simple terms, this means that if you are owed something in relation to these goods, such as money for their purchase or fees associated with the, such as the storage costs, that is when you can take lien over the goods and keep them or in some circumstances consider selling them to recover the debt. However, if you are owed debts for something unrelated you cannot take lien over the goods just to try and force them to settle these other debts. Saying that it is generally acceptable that if you can show that you have given reasonable notice for the debtor to settle the debts or to collect the goods and informed them of what will happen if they fail to do so, you could take charge over the goods to dispose of them, such as selling them. This is your basic legal position. I have more detailed advice for you in terms of the notice you must give and what you can do with the proceeds of the sale, 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 1 year ago.
Can you explain the next steps in more detail? Also the car debt was arranged verbally and by text. Storage was verbal with no arranged end date but agreed upon two months of storage use.
Expert:  Ben Jones replied 1 year ago.
I can certainly continue with further details, if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can then continue as promised, thank you
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. The two debts will need to be treated separately. So if you wanted to remove the goods and dispose of them you would have to send the other party formal notification of you intentions and give them a defined notice period within which they must make arrangements to collect them. Such notice is generally accepted to be 3 months in the absence of any other notice period contained in a contract between you. Also, you need to make it very clear what your intentions are if, at the end of that notice period, you do not hear back from them or they have not made arrangements to remove the goods. If you wish to pursue the car, or for that matter any other money you are owed by them, 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.

Related Law Questions