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Bit of legal advise if poss

digidude

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#1
last year i did some work for a company fitting big screens in pubs and clubs. one of the jobe refused to sign the lease contract after everything was installed so the main company based in london asked me to go back and tear it all out. in all the installation, de-installation took 5 days as well as costs of consumables (cable etc) and the cost of paying the guy who worked with me at the time

i was never paid the grand fee for all of this, so still have the now 2nd hand equipment that i removed

the 2 partners of the company had a huge row, the company folded and i was left in the shit, owed a grand and had a cupboard full of 2nd hand stuff that i couldnt sell as new any more

i still have the stuff, and have now had an email from a solicitor saying one of the partners wants HER stuff back or further action will be taken

i emailed the solicitor copied of the outstanding invoices and basicly said she could have the stuff back once the invoices are paid, even though the cost of the invoices are more than the stuff is worth, to which the solicitor said im now blackmailing her and to get myself legal representation

anyone got any ideas?
 

Purity

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#3
I'd get a 30min free consultation from a solicitor about this.

I don't see how your blackmailing her. You want the money that your owed.

It's exactly the same as if someone didn't pay their mortgage. The ballifs would be called in to remove goods up to the value of the money owed. You've done the same in a way.

If they pay the outstanding balance then your happy to return the goods. I don't see, based on what you've said that they have a leg to stand on, but obviously I'm not a solicitor
 

Munkey

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#5
You were a sub contractor in this so I don't think you have anything to worry about. Weren't you just carrying out instructions for the firm that sent you down there? Who is your contract with?

Either way it doesn't seem like a bad situation for you, you did the work, they never paid so you removed the gear. It seems straight forward but I would still have a free half hour conversation with a solicitor.
 

3dfella

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#6
Its not clear from your post what the invoices are for. Are they for your time or for the equipment? If they are for your time but they have paid for the equipment then it is probable that you must give them the equipment back as your time and the equipment are two seperate things.

Was the company limited and as such you cant sue for unpaid invoices?
 

maggot

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#7
dont worry mate all sounds good for you get a half hour free consoltation pay your £20 for a letter response i dont think n e more will come of it
 

2primo

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#8
1stly do not rely on emails for this sort of correspondence send it written and recorded , I assume that the solicitor did not accuse you directly of blackmail ?? was this by mail or email ...
Cease all electronic communication now !! Send them a letter telling them you intend to issue proceedings against there client for your unpaid invoices make no mention of the equipment your Holding as at this point theres a 50% chance there in the process of issuing proceedings against you ,
To this you will issue counter claim ( your invoices ) and let the county court decide the outcome if you get there 1st they will do the same counter claim .. to issue a claim you have to notify the other party of you intentions ,
If this solicitor directly accused you of blackmail then you have a valid and important issue to contend with ..
This is Slander and deformation of character if they directly accused you of this and you can use this against them and make a complaint to The Law Society my guess that the email contained a element of threat and this is a different issue often used to frighten the other party into action ( seems it worked )
Hang back and see what transpires or go after them theres little to worry about at this stage ...
Post the communications up for us to see edit them 1st remove all names and logos

At this stage you will be wasting your time and ££ in a solicitors office as this is a civil matter if they where confident your in the wrong you would have been arrested by the police for theft of items , and not getting shity letters form a solicitor hold your ground ..
 

davidh

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#9
i would go with 2primo on this plus
the email you got wasnt from a solicitor
they dont do this
they allways use letters/post
and as stated they wouldnt accuse you they would imply go have an 1/2hr with a real solicitor and then put the shites up them
 

Magnu420

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#10
dude.go and sue the feckers ..... and make sure who your mates are
when you buying the first round :)
 
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#11
If the company was 'Ltd' the goods don't belong to any directors, they belong to the company.
If the company folded by voluntary liquidation then the goods belong to the administrator.
If the company just closed down then the goods don't belong to anybody.
If as they say possession is 'nine/tenths' of the law then stuff them.

Similar thing happened to me a few years ago.

I used to do work for a company under contract but I also bought materials from this company for jobs for other people.
When the company went into liquidation I owed them 3 times more than they owed me.
The liquidator phoned and asked for the money, whereupon I told him I was owed money as well.
He told me to deduct the money I was owed and send a cheque for the balance.
I ignored him and I heard no more about it.
 

digidude

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#12
heres the emails in order, ill only remove my details, fook the rest of them, lol

digidude,

I'm sorry things have come to this. I have written to you by snail mail & email with no response.

I'm giving you 48 hours to call me 0207 258 1073 or 07530 104440 or I'll action the solicitors' advice.

We all have problems, what sorts the men out from the boys, is how we handle them.


Annie Diamond


From: [email protected]
To: [email protected]
Date: Mon, 9 Jun 2008 11:19:29 -0500
Subject: digidude

Dear Ms Diamond,

In reference to our correspondence in regards to Mr digidude and your efforts to try and have safe return of your products listed on your letter to him.

It is my opinion that you have taken every reasonable steps to try and contact Mr digidude and to-date without even a reply or response. It is also my concerted opinion that you have showed reasonable tolerance in resisting making any heated suggestions in regards to trying to obtain what is fundamentally yours or your legal possessions.

As such I now feel that having seen the evidence supporting your request for safe return of your possessions, you have little if no choice but to seek satisfaction through the local Courts.

We as a practice are very happy to work (after instruction) on a 'No Win No Fee Basis' in this instance. We are obliged to inform you that the cost of such action may result in an invoice to the extent of about £1,200 + Court Cost and Bailiff Fees. This will be payable by the other party upon conclusion and will only cover our cost. Any additional cost for projectors etc must be listed and included to our invoice for the party to pay within 30 days after the hearing. In such case that they fail to pay the said cost's, the Bailiff's costs will be included and is normally between £90-120 per visit.

I do hope this meets with your satisfaction.



Kind regards




Leo
my reply, that id CC'd to the same people she'd CC'd her email to. the invoices are for and agreed set amount per job, plus extras. out of the grand im owed, i had about 600 quid initial outlay after the end of everything. the property i have here was paid for with money she had borrowed off someone and paid by credit card over the phone as a customer not present payment. on 18/7 itll be a year to the day that the purchases were made, i have copies of all the receipts. my reply to this email was

From: digidude
To: [email protected]
Subject: Re: FW: digidude
Date: Tue, 10 Jun 2008 11:12:19 -0700 (PDT)

Hi Annie

after arranging with jason i waited in a whole weekend awaiting his phonecall, even after thinking he wouldnt turn up after hearing his mrs in the background screaming 'im not driving an extra 5 fkin hours into wales to pick some shit up' and never received a call. ive attached the outstanding invoices if youd care to settle them, maybe then i could get some of the debtors off my back that are also hounding me. at best ill end up with another CCJ against my name, though im seriously considering filing for bankruptsy, i have no car, house, van or job, am on JSA and all that I have left of ******** is this free yahoo email address.

If youd like my bank details for the attached invoices to clear my overdraft that the bank want back, and are adding interest on at what i suspect is a daily rate then i can email them to you when im in the library next week checking my email. Ive taken the liberty of carbon copying this email, and its outstanding invoice attachments, to all the people that you carbon copy your emails to me, to save you having to do it, ive also carbon copied it to the search engine lawyer.com for you, but why an internet search engine based in the US would be interested i dont know, but just in case somebody does read it, every copy is tracked by readnotify.com, and each time one of the emails is read, forwarded, printed and deleted itll automatically send a notification.
to clear up the first bit of that email, id had a phone call saying things would be squared up with someone coming to collect the stuff as well. over a week later i received this

Dear digidude,

I am in receipt of your e-mail apparently intended for Ms Diamond to which the Firm of Emsley Collins (Law Firm) have been provided a copy of the transcripts.

It is not normal protocol for this firm to reply to such unsolicited correspondence. However, on this occasion I feel duty bound to inform you that in future you should only respond through an appointed and recognised Legal Firm who in turn will make aware to ourselves that you have representation to which we will accept correspondence.


Regards




Leo
so i replied with this email

From: digidude
To: [email protected]
Subject: Re: FW: digidude
Date: Tue, 17 Jun 2008 07:25:47 -0700 (PDT)

Hello Leo.

im unaware what the 'requests for safe return' youre referring to are for the property im with-holding pending payment of outstanding invoices. Since the collapse of CTS (Ms diamonds company) i have been given the run around, i even made another 3 journeys to recover the property for her, at extra costs to myself, on the promise of being paid for work carried out. The actions of Ms Diamond and Mr Williams caused my business to fold due to outstanding payments, which i initally covered to meet their costs.

If you could supply me with contact details i will approach a law firm in the hope of getting legal aid, but untill the outstanding invoices are paid, which incidentally are higher than the valeu of the 2nd hand equipment that im holding pending payment, Ms Diamond will not be getting any equipment.

Hopefully this can be sorted out once i have representation
and this was the reply i received, they have now gone from using my full hyphonated surname to just using the last part of it

Dear Mr dude,

I confirm receipt of your e-mail to which your comments have been noted.

I wish to draw to your attention the comments to which "Blackmail" is clearly the category to which this case now fits the criteria very well.

Whilst I'm not at liberty to offer any Legal Advice as you are clearly not my client, I would suggest that Ms Diamond is actively willing to collaborate in the safe return of what clearly you confess are her belongings. For the record, I would advice negotiating a suitable and agreeable time hand over those goods and thus end any further action and mounting debt.

In regards to your quest to find a Legal Firm to represent you in this instance, I suggest as you have much time on your hands whilst claiming to be unemployed, that you put the time to good value and contact the "Law Society Register" and seek out representation.



Leo
i am now in receipt of JSA so it strucvk me as odd that someone claiming to be a sloicitor would accuse me of lying by saying 'I suggest as you have much time on your hands whilst claiming to be unemployed' but i have spoken to a solicitor and am awaiting their call
 

Dutcho

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#13
Man if it wasn't for back luck you wouldn't have any would you. Good luck man you deserve it :)
 
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#14
heres the emails in order, ill only remove my details, fook the rest of them, lol



my reply, that id CC'd to the same people she'd CC'd her email to. the invoices are for and agreed set amount per job, plus extras. out of the grand im owed, i had about 600 quid initial outlay after the end of everything. the property i have here was paid for with money she had borrowed off someone and paid by credit card over the phone as a customer not present payment. on 18/7 itll be a year to the day that the purchases were made, i have copies of all the receipts. my reply to this email was



to clear up the first bit of that email, id had a phone call saying things would be squared up with someone coming to collect the stuff as well. over a week later i received this



so i replied with this email



and this was the reply i received, they have now gone from using my full hyphonated surname to just using the last part of it



i am now in receipt of JSA so it strucvk me as odd that someone claiming to be a sloicitor would accuse me of lying by saying 'I suggest as you have much time on your hands whilst claiming to be unemployed' but i have spoken to a solicitor and am awaiting their call
you may be in a bit of stick here, this sollicitor is telling you that you have admitted the goods dont belong to you, but to this woman.

Get yourself a sollicitor pronto and let him do all the talking.
 

pinkhelmets

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#15
I would also say you should stop any more replying thats for certain. Everything you put in writing just helps their case :(. Say nothing! You should have denied receiving money for goods and say that money paid to you was for labour, not the other way round.
You seem to be digging yourself into a hole, so i'd suggest getting a solicitor.
 

digidude

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#16
i havent received any money at all, thats my original arguement with the woman. ive got a load of 2nd hand crap thats not even going to be in warranty in a few weeks time, ive laid out 600 quid on paying someone to work with me for the week, the extras that the job needed and fuel to get to the job which was just over an hour away

im still waiting for a solicitor to ring me back, but may go the county court route over the invoices im owed, as 8% interest will be added by the courts as well, thats even if they bother getting involved, cos at the end of it all, its just a tit for tat arguement, ive just saver her the hassle of bailiffs fees by doing the collecting myself lol
 

davidh

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#17
pour water in every item then put them outr side the door and tell her to come pic them up

or say i am charging you £x for storidge
pick them up with monies owed
the fook them up and put them out side


iof as u say they belong to her
u dont have to look after them


then sue her for non payment of fees
 
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#18
or, hide some smoked haddock in each peice of equipment, drop that at her place and say here you go...
 

digidude

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#19
pour water in every item then put them outr side the door and tell her to come pic them up

or say i am charging you £x for storidge
pick them up with monies owed
the fook them up and put them out side


iof as u say they belong to her
u dont have to look after them


then sue her for non payment of fees
hmmmmmmm

if i dont pay someone monies owed, then legally they can (or get bailiffs to on their behalf) remove my property and either sell it at auction and then i have to pay any difference, or they can charge me storage fees on top of what i owe untill i pay the lot or i wont get my stuff back, im gonna ask about this lool
 
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#20
You have nothing to worry about in my opinion. It used to be the case if the owner of the goods did not arrange collection within six months the goods would become your property to dispose of as you see fit. I have sold items in the past when someone does not come back for a laptop or whatever that I have repaired I give them six months I try to contact them of coarse but if they don’t come back it goes on eBay.


Also withholding goods until payment is made is normal practice, would a garage give you your car back if you don't pay the repair bill? I don't think so
Those replies from a "solicitor" are only trying to scare you into giving the goods back. Don’t do it, sell the goods to recover your loss and send them a bill for the difference.