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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Have sold a machine that is used within the construction

Resolved Question:

Hi
Have sold a machine that is used within the construction industry. The person is refusing to pay in full, still ows a quarter of the value. Have found out that it has now been part exchanged for another machine, I have contacted the company who have the machine asking explaining the situation, if unable to get the balance owed where do I stand.
Thanks Mark
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can sue?
Customer: replied 1 year ago.
Hi Jo
Am I able to claim the machine back, will pay the money that has been paid to me if all is as sold. Ore do I take to court.
Thanks Mark
Expert:  Jo C. replied 1 year ago.
Thanks.
Unless you agreed a reclaim of the machine upon default then you cannot take it back. Generally speaking, people don't want the product back anyway. It is difficult to reclaim it from a practical point of view and there are negative equity issues.
You do though have a claim for the amounts owed. Whatever excuse he is using not to pay you is not your problem.
You can either sue him here
www.moneyclaim.gov.uk
Or get a solicitor or barrister under public access, the latter being cheaper generally, to write to him.
It is a good idea to send him a letter before action even if you write it yourself before you actually sue as that protects you from costs if he settles before court.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo
All correspondence to date has been via text message all of which have been saved. The offer to returne the machine was accepted then he decided not to. Would still tack it back however it has been part exchanged. So writing him would be the best start ?
Mark
Expert:  Jo C. replied 1 year ago.
Yes, send him a letter threatening legal action. People often cave in then and it costs nothing.

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