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Ben Jones
Ben Jones, UK Lawyer
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I have a legal dispute with a owner of a storage site who is

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Hi I have a legal dispute with a owner of a storage site who is holding mine and my clients goods hostage and demanding money be paid into his wife's personal bank account to gain access to our goods
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What was the original agreement you had with him?

Customer: replied 7 months ago.
Hi ben sorry for the slow reply I went to a funeral before you answered, I think it's best if I give you the full history of the case first. Back in march 2012 I and college and friend agreed to rent a unit of a farmer who ran a farm and storage facility. The unit was at the time not built but the farmer who owned a company who build and construct storage Barnes etc. There was no agreement in writing whatever as there's no buildings. As time went on it became apparent that the farmer was useless and a very poor at getting things done. We had to removal vans on the site were never at any time asked to pay rent to him at all . Things came to a head when we had a client who needed long term storage for 16 months. Mr Eade the farmer agreed to let us use a 40 foot shipping container to store the goods . 14 months on still duilding not complete and we have not been asked to pay a penny rent up untill the end of 2014. When we turned up one day to move some goods out of a unit to fine 5 tone concrete block in front of the unit. Two days later I get a rent bill left on the window of one of my lorrys that was parked at my home address demanding that we pay 3500 in 28 days. After about a month of abusive text messages from him thretaning valance etc and me refusing to pay him a penny as their was no aggrement to do so. He broke into my lorry and moved it onto the main road this was towed by the police. The police were helpful but said it was a civil matter and get it resolved I should pay him something. Which I then did some 800. He requested that this be paid into his wife's Bank account I did question this but was told if I wanted the stuff back I would need to pay it. This was clearly a way of avoiding tax and vat so reported him to the vat office. 6 month on I still can't get mine and my clients goods . Tha customs and excises have been running an investigation into his affairs and told me under no circumstances am I to contact him as he was dangerous and would inpead there investigation. As of today thay have given me the go ahead to take what ever action I need to to reteve there goods. What do I now do as a retired leagl executive I thought maybe a high court injunction should be the quickest way of getting assess. Please advise sorry for poor grammar etc I am doing this on a phone
Regards ***** *****
Customer: replied 7 months ago.
Think it may be better to switch to a phone call
Expert:  Ben Jones replied 7 months ago.

Thank you. I am unfortunately not available for calls at present but can answer on here. Now that you have been given the go ahead to take this further you have two options – an injunction or a claim for financial compensation for the value of the goods. An injunction can be used to require them to perform a certain action, such as returning the goods to you. However, the court cannot physically force them to do this so you would then have to be looking at enforcement action if they are in breach of the injunction. An individual who violates an injunction may be punished for Contempt of court. The penalty imposed can be punishment by fine, imprisonment, or both.

Alternatively you can consider making a claim for the value of the goods. This is if the prospects of forcing them to return the goods physically is unlikely. You can do this through the county court as well.

In both cases you should consider following preliminary steps to try and resolve this without the need for legal action but I presume that may be futile here based on what has already happened.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 7 months ago.
Would it not be similar to ask the high court for an injunction for the return of goods buy getting a warrant that can be execute buy a bailiff with no chance of redress or action taken buy him
Expert:  Ben Jones replied 7 months ago.

If you man a warrant of execution then that is an enforcement method once a court judgment has been issued in your favour. Usually it is done where you make a claim for money and then you get a warrant of execution to allow bailiffs to possess whatever property/assets the debtor has to allow them to realise the debt

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 6 months ago.

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