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Hi Guys

I need a bit of advice - I've just been working for a company for two months which has ended in a disagreement - I have their van and some equipment - they owe me a lot of money - do I give the van and gear back and hope I get paid or use the van and stuff as a barging!!!!!! Need to know as soon as please let me know

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You can try and keep hold of the van and tools and use them to bargain with, but you've no legal right to because you contend that they owe you money.

They could simply contact the police, who are likely to tell you hand the gear over PDQ or you'll be in bother.

If they owe you money, you need to commence action to recover it.

Can you elaborate as to the circumstances? Then we can advise you accordingly.

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You can try and keep hold of the van and tools and use them to bargain with, but you've no legal right to because you contend that they owe you money.

They could simply contact the police, who are likely to tell you hand the gear over PDQ or you'll be in bother.

If they owe you money, you need to commence action to recover it.

Can you elaborate as to the circumstances? Then we can advise you accordingly.

 

Would he not have a ' proprietary right of interest ' ....entitled to hold onto the van & tools as security for the unpaid wages . It wouldn't be theft as he has no intention of permanently depriving them of their property . I doubt very much that the police would want to get involved if he makes this clear if/when they come knocking on his door.

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Agree entirely with Elpulpo. You have legal remedies to recover your money, but witholding their property is sadly not an option.

 

What is your employee status - were you an employee, or a contractor?

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Would he not have a ' proprietary right of interest ' ....entitled to hold onto the van & tools as security for the unpaid wages . It wouldn't be theft as he has no intention of permanently depriving them of their property . I doubt very much that the police would want to get involved if he makes this clear if/when they come knocking on his door.

Where do you get 'PROI' from? Not a term I (or google) have heard of.

Keeping hold of the employers property because the employee contends they are owed money is unlawful.

He's certainly threatening to commit theft, as he's implying that he'll use his possession of the vehicle/tools to recover the money he claims he's owed.

The law is very strong on the principle of '2 wrongs don't make a right'. Just because you hold that someone is acting unlawfully towards you doesn't excuse behaving unlawfully towards them.

I do think the police would be involved over the unlawful possession of works vehicle, he only drives it with their permission. Apart from anything, if he's no longer employed is he insured?!

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Thanks Guys

A bit more info - I was sub-contracting to this company and basically went onto a job which involved me travelling to London, I was told that all my travel expenses would be covered, so the first week I paid £144 for the train and £44 for parking, last week I was told that I was responsible for travelling to work!! So I travelled down to London picked up my tools, at that point the MD told me it wasn’t working out. They have also said that I will not be paid for 60 days!! I sent them a copy of my T&C’s which clearly state that payment is due on receipt of invoice. (which is for March’s work) also it states that I will charge interest after 14 days at 10%.

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I'd write to the employer with a breakdown of whats owed giving them 14 days to pay and if you don't get any joy put in an ET claim for the lost wages/travel time owed . Easy to do , just download the form the ET site and it won't cost you a penny .

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  • 3 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

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It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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