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we have agreed all works by email as we do with all works
Yes but is there an actual signed contract between you and your 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.
The position is this - until they have paid for the goods then they belong to you.
Therefore yes, the half materials still belong to you.
Yes you can also reclaim them. Of course you can take them to Court for the debt too
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?
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 ?
Yes I would suggest do you do.
Does that help?
many thanks Alex