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 Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5380
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I leased a shop but wishes to end my business. A man came

Resolved Question:

I leased a shop but wishes to end my business. A man came into my shop and said he wished to take over the lease and buy the fixtures and fittings. We agreed a price verbally and there are text messages which provide evidence of an agreement.I vacated the shop and left the fixtures, as agreed. On the day I handed over the key to him he told me he didn't want some of the things but would let me know. A few days later he told me he didn't want anything and that I had to collect it within three days or he would deliver it to my home. Or he said he'd charge me storage of £15 per day.I believe that we had a verbal contract or agreement (backed by text messages) and that he is in breach of contract by not paying.What do I do if he dumps the fixtures and fittings at my property as he threatens?
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

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

To be clear initially he agreed to everything?

Customer: replied 1 month ago.
We agreed a list of items and a total price.
Customer: replied 1 month ago.
After I handed over the keys he said that there were a few things he no longer wanted. I explained that it would be difficult for me to sell them separately now that I'd handed over the shop but it was subject to him speaking to his friend/business partner. I didn't hear anymore. 3 days later I chase him for payment and he tells me that everything has been ripped out the shop and put in storage, that he no longer wanted any of it (because he could get it free from suppliers) and that I had to collect it. Failing that that he'd dump it at my house.
Customer: replied 1 month ago.
By the way we are both sole traders, so I think it was a business to business sale, rather than business to consumer.
Expert:  Jamie-Law replied 29 days ago.

Ok - has he paid you?

Customer: replied 29 days ago.
No, he refused to pay because he now says he doesn't want any of it.
Although he did offer me £500 for some of the bits after I threatened legal action. It was £500 or he dumps all.
Customer: replied 29 days ago.
He threatens to counter sue me for storage, time taken to strip it out the shop and fees at a value of £2000 - the amount I believe he owes me.
Customer: replied 29 days ago.
he claims that he doesn't have to pay because there was no written contract and that he didn't sign anything.
I have come to the conclusion that he deliberately misled me regarding his intention to purchase the shop fixtures so that he could get me out quickly.
Expert:  Jamie-Law replied 29 days ago.

You need to write and set out your losses and request payment within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 29 days ago.
I paid for a detailed answer and I expected more information than this, such as things that I can't find out for free already through basic consumer websites.What I really need to know is what happens if he dumps the stuff at my house on Monday, as he threatens? What recourse or steps do I take if he dumps the stuff?
Expert:  Jamie-Law replied 29 days ago.

If he dumps the stuff, then its fly tipping.

If he dumps it you call the Council (fly tipping) and the Police. The Police may say its a civil matter.

But he agreed to pay for it and as such he now owns it.

He cant dump it, as this is illegal under the Environmental Protection Act 1990

Does that clarify?

Customer: replied 29 days ago.
thank you. ***** said, he threatens to dump it at my house on Monday when I was supposed to be on holiday. I don't feel that I can go and I'm going to cancel so that I can stay at home. Can I claim for the cost of my holiday?
Expert:  Jamie-Law replied 29 days ago.

No. He would still owe you anyway and you could claim for the cost of clear up.

But cancelling your holiday is unreasonable

Does that clarify?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 29 days ago.
Thank you.
Expert:  Jamie-Law replied 29 days ago.

No problem