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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Do you know a case that supports a company holding a

Customer Question

Do you know a case that supports a company holding a client's property as a lien until the client pays the company's invoice?
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Do the terms and conditions of the contract say they hold this until paid please?

Customer: replied 9 months ago.
No thanks. Written response please
Expert:  Jamie-Law replied 9 months ago.

Do the terms and conditions of the contract say they hold this until paid please?

Customer: replied 9 months ago.
No. It was a situation that ought not to have arisen in the first place. We sell personalised car registrations and sold a given registration on behalf of the owner who had signed a contract that said this was the registration he was supplying and that, amongst other things, if he failed to supply he would be liable for our loss of profit. The registration he actually did have was different and not of similar value etc and the buyer was not interested in it, therefore, we lost the profit we should have retained from the completed transaction. Since the seller lives in the USA (athough he signed the contract based on us UK address) we thought it prudent to hold the registration mark on a certificate until he paid our invoice because it would be difficult to persue him in the USA).
Customer: replied 9 months ago.
Hello. Are you waiting for me?
Customer: replied 9 months ago.
It seems that this is a scam. I shall call the card issuer now to cancel any charge and any future charges that you may attempt to take
Expert:  Jamie-Law replied 9 months ago.

sorry I am in court. I don't quite undratand what you are doing, you want to hold onto the registration number?

Customer: replied 9 months ago.
No. The matter has proceeded to the Small Claims Court. The hope is that he will settle the invoice at that stage, if not before. What I want to know is if there is a case that supports our position that I can quote to demonstrate that it was in order for us to act in the way we did
Customer: replied 9 months ago.
When it is resolved, we are happy to hand the registration back
Expert:  Jamie-Law replied 9 months ago.

I just need to understand the background a little better. Could you be clearer?

Case law does not apply to small claims by the way.

Customer: replied 9 months ago.
I cannot be clearer. Irrespective of whether it is in the Small Claims Court can you please answer the question regarding any case Law that supports our position. I need this answer by return please otherwise it will be of no use to me and I shall, as previously stated, cancel the charge.
Expert:  Nicola-mod replied 9 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
Please cancel and issue a refund. Please also confirm that you will not attempt to take any further payments. Very disappointed in your "service".