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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20391
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I have invoiced £80,000.00 to the company WR Refrigeration.

Resolved Question:

Hi,
I have invoiced £80,000.00 to the company WR Refrigeration. They went into administration Wednesday 23.10.13.
A part of WR has been sold to a company called Integral, and this company has employed the WR directors, but I am led to believe that the WR debt has been left with whatever has not been sold.
Most of the work I carried out was in August (90 day payment terms) and on Tesco sites.
I have now filled out and sent an official claims form to the administrators.
1 - Is there anything I should be doing
2 - Do I have any way of claiming my money from Tesco
3 - If I involve a solicitor, would this help my claim

Regards,
Chris
Submitted: 11 months ago.
Category: UK Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Were you employed by this company?
Customer: replied 11 months ago.

No, I am a sub-contractor

Expert:  Stuart J replied 11 months ago.


I am sorry but the news is not good.

Unless you have a retention of title clause in your terms
and conditions whereby goods belong to you until paid for in full AND you can
simply remove anything which isn't attached to a building AND you have the
rights to enter into any building where the goods are placed, then you are a
secured creditor of the company in administration. The reality is that you will
not get your money. Any Labour charge included you obviously cannot remove.



If you do not have the above provisions, then under the Sale
of Goods Act, title to the goods passes on delivery and they belonged to WRF when
they were delivered to WRF and to Tesco . When they were delivered to Tesco



Integral have bought the assets of the company, it would
seem, but it would be unlikely that they would have bought the liabilities
although it is a possibility. However, the administrators will advise you about
that.



At this stage in time, you should put together a complete
list of everything that you are owed and let the administrators have it.



Unfortunately, Tesco have no liability to you, but will be
chased for the money by the administrators.



Based upon the facts you have given me, employing a
solicitor is likely to cost money with no result.



I'm sorry to be the bearer of such bad news, but I imagine
it is what you expected to hear.



I can however only base my answer on the facts that you have
given, but from those facts, the situation would appear to be as I have
described.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20391
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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