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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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if we provide a service to a customer which includes materials

Resolved Question:

if we provide a service to a customer which includes materials plant and labour and she has paid half and will not allow us to finish the snagging works or pay a reasonable final invoice, it is therefore reasonable that half the materials used on the job have not been paid for and remain our property. which allows us to reclaim them ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether there is a signed contract?
Customer:

we have agreed all works by email as we do with all works

Customer:

?

Alex Watts :

Yes but is there an actual signed contract between you and your customer?

Customer:

no there is not and in the pass eleven years of trading there has been no need as we have never not been allowed to finish snagging . i have all the emails on record along with photographs that she is using the areas we have done.

Alex Watts :

The position is this - until they have paid for the goods then they belong to you.

Alex Watts :

Therefore yes, the half materials still belong to you.

Alex Watts :

Yes you can also reclaim them. Of course you can take them to Court for the debt too

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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

thanks , that is what i thought . so should i advise her not to get contractor in do further works using our materials in case we have to return to remove them ?

Alex Watts :

Yes I would suggest do you do.

Alex Watts :

Does that help?

Customer:

many thanks Alex

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