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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have invoiced some machinery to a buyer, they have paid a

Customer Question

I have invoiced some machinery to a buyer, they have paid a 10% deposit but I wish to cancel the sale and return their deposit, on my invoice it states that goods remain mine until full payment is received and the machinery has not been collected. Am I legally obliged to sell to them?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are there are any others or contract please?
JACUSTOMER-8gbih7t5- :

I have not got a written contract saying I will sell them. I just sent invoice. All the negotiations were done over the phone after they sent a man in to look at them. He did make me an offer but the actual offer came from his office over the phone.

Alex Watts :

Sadly then you can not.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-8gbih7t5- :

I want to cancel the sale and keep the machinery can I not do this is I return the deposit

Alex Watts :

If there is no contract as such then you must sell

Alex Watts :

Otherwise they could sue you for breach of contract

Alex Watts :

This is because there is no contract that says you can cancel it

Alex Watts :

Does that make sense?

JACUSTOMER-8gbih7t5- :

How can they sue me if there is no contract, how much would it cost me if they sue for breach of this non-existant contract

Alex Watts :

Ok - once you agreed to take the order and the deposit was paid.

Alex Watts :

That is the contract

Alex Watts :

Contracts can be written as well as implied.

Alex Watts :

When you go to the shop and buy a paper, there is no written contract

Alex Watts :

But there is an implied contract.

Alex Watts :

The same with this.

Alex Watts :

So if you pull out - you can be sued by the other side.

Alex Watts :

They can make you provide the machinery at the agreed cost.

Alex Watts :

Can I clarify anything else?

JACUSTOMER-8gbih7t5- :

Not at the moment I may get back to you

JACUSTOMER-8gbih7t5- :

Thank you

Alex Watts :

Of course.

Alex Watts :

Might I invite you to leave feedback before you go?

JACUSTOMER-8gbih7t5- :

Ok

Alex Watts :

Thanks

JACUSTOMER-8gbih7t5- :

I will leave the feedback after I have finished, I need to check something out and if I leave it now it will close the chat.

Alex Watts :

Sure.

Alex Watts :

But the chat does not close, it always stays open - the site gives the impression that it closes. It does not