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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a private individual and owner of a commercial fish fryer.

Customer Question

I am a private individual and owner of a commercial fish fryer. I agreed with an enquirer to sell this for £13k in August, 2014. The goods are brand new and still at the manufacturer as it never took delivery but had to complete purchase. My customer paid a deposit to the manufacturer who agreed to deliver the goods in August. Delivery was then postponed indefinitely while they sold them more equipment and wanted to deliver everything together even it was ready. This took until the 16th December. Before this date the customer changed the terms from payment of
balance on delivery to some on delivery and the rest on installation. Hitherto I had nothing in writing but insisted these terms be signed for as I could for see problems. I drew up a document which they eventually signed. Delivery passed and no payment was made. Installation was completed and still no payment has been made. I called them on 24th December and they said the business doesn't open until 15th January and put the phone down. They said I would be paid as long as I did not call them again. I have not responded to this. I am worried that they are not taking the transaction seriously and are dictating terms in their favour then breaking them. I need to know what response to make as title remains mine until the remaining £3k is paid. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether it is a clause in the contract that says title does not pass until full payment?

JACUSTOMER-kckiuxnb- :

Hi yes I specifically put that. I can forward the doc. If you need to see it.

Alex Watts :

No, I take your word for it - its Christmas after all!

Alex Watts :

So yes the title will not pass until full payment

Alex Watts :

This means they can not sell the equipment or otherwise dispose of it

JACUSTOMER-kckiuxnb- :

True.

Alex Watts :

It is not theirs to sell until you have full payment

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kckiuxnb- :

i am the one selling, they are buying it from me

Alex Watts :

Yes I understand that

Alex Watts :

But they can't sell it on or otherwise dispose of it

JACUSTOMER-kckiuxnb- :

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

JACUSTOMER-kckiuxnb- :

They don't want to sell it, they're using it! They are delaying pa

Alex Watts :

Sure, I think you have been reasonable.

Alex Watts :

You can of course issue proceedings in the small claims Court for the debt

Alex Watts :

www.moneyclaim.gov.uk

JACUSTOMER-kckiuxnb- :

Yes I have been very reasonable as I did not want to loose the transaction

Alex Watts :

Indeed

JACUSTOMER-kckiuxnb- :

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

Alex Watts :

Yes

JACUSTOMER-kckiuxnb- :

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

Alex Watts :

Sure. But that is why you need to consider issuing proceedings

JACUSTOMER-kckiuxnb- :

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

Alex Watts :

Sure.

JACUSTOMER-kckiuxnb- :

This is what I want to know about, how do I introduce that to them and do I have grounds to do it confidently

JACUSTOMER-kckiuxnb- :

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

Alex Watts :

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

Alex Watts :

You can do the letter yourself and then go to County Court if they dont pay

JACUSTOMER-kckiuxnb- :

Ok thanks

Alex Watts :

That is all you need to put. You pay by xxx date or you will seek delivery up from the Court

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-kckiuxnb- :

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,

Alex Watts :

Well it would be heard for them - the contract is the contract

JACUSTOMER-kckiuxnb- :

I feel controlled by them and I'm the one who should be in control

JACUSTOMER-kckiuxnb- :

They dictated the terms in their favour then blatantly ignore them

JACUSTOMER-kckiuxnb- :

And expect me to do nothing in case they choose not to pay me

Alex Watts :

Indeed.

Alex Watts :

Of course you just issue proceedings for the debt and then send in bailiffs etc

JACUSTOMER-kckiuxnb- :

How do I do that?

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

Then once you get Judgment you can enforce it

JACUSTOMER-kckiuxnb- :

Who pays for my expense in that?

JACUSTOMER-kckiuxnb- :

I see, I can do it on line?

Alex Watts :

The Court fees are added to the debt

Alex Watts :

Yes

JACUSTOMER-kckiuxnb- :

Ok thanks. That's fine.

Alex Watts :

Does that help?

JACUSTOMER-kckiuxnb- :

Yes thanks

Alex Watts :

Well can I wish you a Merry Christmas.

Alex Watts :

If this answers your question can I ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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