Hello my name is ***** ***** I will help you with this.
For now please let me know whether it is a clause in the contract that says title does not pass until full payment?
Hi yes I specifically put that. I can forward the doc. If you need to see it.
No, I take your word for it - its Christmas after all!
So yes the title will not pass until full payment
This means they can not sell the equipment or otherwise dispose of it
It is not theirs to sell until you have full payment
Can I clarify anything for you about this today please?
i am the one selling, they are buying it from me
Yes I understand that
But they can't sell it on or otherwise dispose of it
They agreed to pay for it and take delivery back in august, then they ordered more gear and agreed with the manufacturer to have it all delivered at once even though I had to wait three months
They don't want to sell it, they're using it! They are delaying pa
Sure, I think you have been reasonable.
You can of course issue proceedings in the small claims Court for the debt
Yes I have been very reasonable as I did not want to loose the transaction
They agreed in writing to clear the balance on installation which is complete but they don't keep their own terms which they dictated to me
Now they tell me not to contact them or I won't be paid , this is not acceptable and I can't just wait wondering if they will ever pay me
Sure. But that is why you need to consider issuing proceedings
I need to respond with a gentle threat such as pay me by xxx or I will seek an injunction to recover the goods at their expense
This is what I want to know about, how do I introduce that to them and do I have grounds to do it confidently
What can I day to them and then what do I actually do to begin, do I require a solicitors letter or do I go to county court
You just say that unless you receive payment by x date you intend to seek a Court order for delivery up and return of the goods as you retain title
You can do the letter yourself and then go to County Court if they dont pay
That is all you need to put. You pay by xxx date or you will seek delivery up from the Court
Can I clarify anything else for you?
I wanted to know if this is a battle of wills, how far they can go to make sure I do not receive my money,
Well it would be heard for them - the contract is the contract
I feel controlled by them and I'm the one who should be in control
They dictated the terms in their favour then blatantly ignore them
And expect me to do nothing in case they choose not to pay me
Of course you just issue proceedings for the debt and then send in bailiffs etc
How do I do that?
Then once you get Judgment you can enforce it
Who pays for my expense in that?
I see, I can do it on line?
The Court fees are added to the debt
Ok thanks. That's fine.
Does that help?
Well can I wish you a Merry Christmas.
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