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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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I recently resigned from cableco romans and had to leave my

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Hello my name is***** I recently resigned from cableco romans and had to leave my own equipment onsite as I failed a lateral flow test for covid-19 (I understand i couldn't go back onsite). The company continued to use my equipment (against company covid-19 risk assessment about sharing tools ect) now they are being funny about returning my equipment (I left on the 01.09.21 and still not had my equipment returned) I'm due to start for a new company and need my equipment ASAP. They have been using my equipment free of charge and now being funny. What is my legal status on this please?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I have requested going to site to collect my own equipment but company has blocked my access to site (surely with covid-19 it's better for me to get my own equipment other then someone else ... again going against company risk assessment for covid-19 sharing/handling tools). They sending a van to site 13.09.21 and saying I could potentially get them 18.09.21
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have used my own equipment for the company for almost 3yrs and never charged them a penny, they are now playing games because I resigned over the covid-19 risk assessment not being followed by company (they allowing different squads to use tools to get job done...hand held radio's everything....i got covid-19 and reported it and then all this happened
JA: OK. I'm sending you to a secure page on JustAnswer so you can place the £5 fully-refundable payment for a trial membership now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 11 days ago.
What information do you need ben

Have you made any formal requests for them to return your equipment and if so, when did you do this?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Ben.
I emailed on the 06.09.21 and again on the 09.09.21
They replied today saying 18.09.21 potentially, I need my equipment as I start for a new company (cableco romans know I need my equipment)
Customer: replied 11 days ago.
I carnt afford for you to call me as I'm not working or have any tools to work

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

As you own the equipment and it is your property, you have the right to get that back, especially as there is no legal reason for the company to keep hold of it. However, as you cannot physically force them to return it, that does mean that if they refuse to do so, your only option is to pursue them for compensation for the value of the missing items.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.