Unpaid invoice - do I have a possessory lien over equipment loaned to me by client ?

[SlipTheJab]

Sell it on ebay , seriously though your course of action should be obvious...

[Scruff]

"What equipment are you talking about?" would be my first response.

[SimonMac]

My qualified lawyer would advise the OP to hand the equipment back straight away.

They'd then look at the contract.

My qualified solicitor would ask why I didn't give them the contract to review in the first place to avoid a dispute like this.

They would also tell me to hand back the equipment immediately.

My qualified solicitor would say on Item 1 are you properly opted out of the Conduct Regulations? And on item 2 they would say give it back as soon as it is requested.

Given the agent in the middle, it matters not whether the client pay the invoice if you are not properly opted out. Do you have liability insurance? Point the agent in that direction and see how far they get.

My disbarred partner at Dewie, Cheatem and Howe should probably not be listened to.

[mangled]

Well I took legal advice on this and thought I'd post an update : my solicitor said that because the equipment provided to me was an embedded platform and was the subject of the work provided by MyCo (it ran the software I supplied to them under the contract) there did indeed exist a lien on it. I wrote to ClientCo & AgencyCo advising them of that and they eventually caved and paid my invoices.

So it shows to go... But be careful if you ever do this as it is not automatic that a lien exists - if they'd lent me eg an oscilloscope I don't believe a lien would have existed.

Also I found out that lien is pronounced "leen" not lee-enn as I'd thought ;-0

[jbond007]

Well I took legal advice on this and thought I'd post an update : my solicitor said that because the equipment provided to me was an embedded platform and was the subject of the work provided by MyCo (it ran the software I supplied to them under the contract) there did indeed exist a lien on it. I wrote to ClientCo & AgencyCo advising them of that and they eventually caved and paid my invoices.

So it shows to go... But be careful if you ever do this as it is not automatic that a lien exists - if they'd lent me eg an oscilloscope I don't believe a lien would have existed.

Also I found out that lien is pronounced "leen" not lee-enn as I'd thought ;-0

Fantastic result !

[Bozwell]

Well I took legal advice on this and thought I'd post an update : my solicitor said that because the equipment provided to me was an embedded platform and was the subject of the work provided by MyCo (it ran the software I supplied to them under the contract) there did indeed exist a lien on it. I wrote to ClientCo & AgencyCo advising them of that and they eventually caved and paid my invoices.

So it shows to go... But be careful if you ever do this as it is not automatic that a lien exists - if they'd lent me eg an oscilloscope I don't believe a lien would have existed.

Also I found out that lien is pronounced "leen" not lee-enn as I'd thought ;-0

Interesting read.
A nice example of why people should seek professional advise and not take advice from a bunch of forum internet warriors. Pretty much everyone who replied to your post suggested you give the equipment back.

[unixman]

Interesting. You don't actually say that you waited until the invoice was paid before giving the equipment back. Is that what happened?

Also, what did your legal bill come to if any, and was it paid by an insurance policy?

Well done.

[NotAllThere]

Interesting read.
A nice example of why people should seek professional advise and not take advice from a bunch of forum internet warriors. Pretty much everyone who replied to your post suggested you give the equipment back.

Given the information provided, it was the correct advice. The circumstances were later seen to be slightly more complicated.

...My client lent me some equipment and is now seeking its return but I am holding off returning it pending payment of the disputed invoice. ...

... .if they'd lent me eg an oscilloscope I don't believe a lien would have existed.

[LondonManc]

Interesting read.
A nice example of why people should seek professional advise and not take advice from a bunch of forum internet warriors. Pretty much everyone who replied to your post suggested you give the equipment back.

Oh here we go, Mr 20/20 Hindsight.

There's a builder that I know in a similar situation but on the other end. His subbie has done one and retained equipment in lieu of being paid (for an allegedly incomplete job). He's given the guy a week to return the equipment before he reports it stolen as he sees it as a bit of bum-seeing (has a mostly good working relationship with the guy, is happy to work with him again if situation can be redeemed). This is the sort of scenario the "internet warriors" were led to believe, rather than being advised of the complexities of the case.

[jamesbrown]

Interesting read.
A nice example of why people should seek professional advise and not take advice from a bunch of forum internet warriors. Pretty much everyone who replied to your post suggested you give the equipment back.

I can't really fathom why someone would turn to an internet forum for very specific legal advice, based on limited information, about an issue for which no one responding (including a lawyer) could offer an informed opinion. The range of responses are exactly what you might expect. On the contrary, it's you that seems to be the "internet warrior" here