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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a small builder who first time in 20 years has

Customer Question

I am a small builder who for the first time in 20 years has an outstanding payment from a client who is refusing to pay. Can I remove goods to the value of an outstanding debt which I supplied and paid for. If I have to give notice in writing is there a specified time period of notice which as to be given?
The items include hardwood patio doors kitchen units and white goods
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you have a contract please?
Customer: replied 1 year ago.
Verbal contact. I have all receipts to confirm ownership and full payment
Expert:  Ash replied 1 year ago.
Ok. Then sadly you can't go and take your items, because there is no written contract. If there was a written contract saying they belong to you until payment then you could take them back.
You need to write and set out your losses and request 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: replied 1 year ago.
On the day I tried to negotiate with the client with regards ***** ***** wall tiles and the retention of £1000 she was very unreasonable and stated that she was not prepared to negotiate and would withhold the entire balance until everything was completed to her satisfaction including the wall tiles. I then advised her that I would leave site until the matter was resolved. The grout company have sent a report stating that the product did not scratch the tiles. The tile supplier will attend tomorrow to view the tiles in situ. Can the client withhold such a large amount and make such demands. I would of confirm again that she chose the tile. She has sent me two letters the first sent first classdetailing the payments she has made. The second sent recorded delivery detailing the snagging list and requesting works completed to her satisfaction by 02/10/15
Expert:  Ash replied 1 year ago.
Yes indeed. It does sound like you have a valid claim.
Can I clarify anything else for you?
Alex
Customer: replied 1 year ago.
How should I approach this claim to be successful in resolving this matter as quickly as possible ? What should I do next and how much will it cost me ? I am extremely busy running my company and would like to deal with this as expeditiously as possible.
Expert:  Ash replied 1 year ago.
You should write as I have indicated above. Costs are limited to an issue fee and hearing fee. Please see here:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=264
Does that clarify?
Alex
Customer: replied 1 year ago.
As the claim is over 10000 with Vat what is the correct procedure to follow in the courts ?
Expert:  Ash replied 1 year ago.
It is the same as above, but you might need representation if they defend the claim and it goes to trial.
Does that help?
Alex
Customer: replied 1 year ago.
How should I word the letter giving 14 days notice ?
Customer: replied 1 year ago.
Also as the client chose the tile does the liability with the finish remain with client as the tile company terms and conditions state that all liability ends when the customer fixes them to the wall ?
Expert:  Ash replied 1 year ago.
You just Just write and say you want paying - you dont need tp do any work if the customer is in breach.
Does that help?
Alex
Customer: replied 1 year ago.
Can you give me a basic template for the letter and what specific point did she breech the contract ?
Expert:  Ash replied 1 year ago.
If your terms say that liability ends when they are fixed to the wall, then thats it. As for a template if you Google search County Court pre action letter you should find free ones online.
Does that help?
Alex
Customer: replied 1 year ago.
That is the terms and conditions of the tile company who supply the tiles that she picked
Expert:  Ash replied 1 year ago.
Ok. Then it's still not your fault. Send the letter and issue a claim if appropriate.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.

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