Return of Goods
It is not always true that "possession is nine tenths of the law" at least not in cases involving the hire of goods. Most businesses who supply goods on either a ‘free of charge’, loan or hire basis will, at some stage, need to recover possession and reclaim them in the event that the hirer refuses to return the goods on a voluntary basis. In some cases, it may also be necessary to include a claim for damages in County Court actions, if the goods have been damaged, lost or vandalised.
How can we help?
Outsourcing possession claims to solicitors who specialise in recovering goods can have a positive effect on protecting a company’s all important brand and reputation, as well as recovering valuable assets and maximising a return on investment.
Return of goods claims
As most companies who hire goods know, the legal process for the return of goods is significantly different to a routine County Court debt recovery action; specialist knowledge is required in order to progress such claims effectively. Where appropriate we will include in our proceedings money claims in order to recover compensation in respect of the value of the goods which may have been lost or damaged following theft or vandalism.
After Court proceedings have been commenced, it is not uncommon for Defendants to maintain that they are the legitimate 'owners' of goods and argue that they have legal title to them following a sale or transfer arising either from the sale of business premises or from the sale of the asset by the former 'owner'. Such claims can be investigated and defeated.
We have extensive experience in recovering goods from Landlords, Liquidators/Administrators and Bailiffs following the insolvency of hirers. We have also prevented our client’s property being sold on e-bay and other on-line auction sites.
Our staff
With over 20 staff in our award winning litigation team (winners of Credit Today Litigation Team of the Year 2010), our clients can be assured that their cases will be processed as quickly, efficiently and economically as possible.
Our litigation team is recognised for our expertise in both the Legal 500 and Chambers & Partners Guide to the UK Legal Profession.
Our experience
We are experts in recovering goods which are hired out in the course of our clients business. We have developed our case management software over a number of years to match the business needs and processes required by our clients. We are able to provide clients with daily, weekly or monthly management reports. If they wish to do so, our clients can even view the progress of cases via the internet in real time. We tailor our systems to the needs of our clients. In the legal services industry there is no longer a need for a 'one size' fits all service delivery.
Brethertons undertakes commercial recoveries for a variety of clients ranging from UK banks and international businesses, large listed public companies, to smaller owner-managed companies. Within the vending/hire industries we act for a number of hire companies and major
international businesses including Coca-Cola Enterprises Ltd and Bunzl Vending Services Ltd.
Other services we offer include:
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Reviews of our client’s hire agreements/terms and conditions of trading to ensure they are enforceable and comply with current legislation
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Conducting 'legal audits' of our client’s internal processes to ensure that best practice is being used
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Designing and delivering in-house legal training seminars, workshops, mock trials and webinars for our client’s staff.
For more information download our Return of Goods Factsheet.
