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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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I sold a boat and agreed that the buyer can pay monthly for

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I sold a boat and agreed that the buyer can pay monthly for it.
After paying 2/3rd the buyer has not paid any more and refuses to pay promising to pay but never materializes.
I am about to take him to small claims court.
By Law am I still the legal owner ? can I stop the sale.

Hello for clarification - did you have the sale and price in writing?

how much does he still owe?

Customer: replied 3 months ago.
Not ass such But I do have text messages that he confirmed that he would buy for £9000 and in his latest texts he said he would pay £400 to£600 per month., Pay £1600 lump sum. this was in jan/feb Last payment was on 2 feb 2018 nothing since.
the amount still owing is £3200 pounds.
Customer: replied 3 months ago.
Thank you for your reply
do I still own the boat?

Under the Consumer Rights Act, title to goods passes on delivery unless there is a retention of title clause along the lines of “goods belong to this seller until paid for in full”. It’s unlikely that in a private sale you would have had that provision in the paperwork.

I’m afraid that you no longer owned the boat, and he is entitled to do with it as he wishes and your only remedy is to take him to the Small Claims Court.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 3 months ago.
Hi sorry for the delay.
been in contact with mr simon fenney who owes me the money.
He now says he has a contract he had signed but was waiting for me to collect it.
I have asked for a copy but still no reply in writing..Is there a way that I could use a letter requesting a copy be sent to me. written by youself to show I am not kidding.
eMAIL THE LETTER THEN I WILL SEND RECORDED DELIVERY.
Can I start charging interest for non paymernt.I need to get it sorted as I do suffer with Borderline Personality disorder and itt is affecting my mental health to such an extend I am back on medication after 2 years off the.
thanks again

It doesn’t matter whether there is a signed contract or not. A verbal contract is just as binding

we can provide letter wording for you as an extra service but it would only be the wording for you to send, not on solicitors letterhead. If you want a letter on solicitors letterhead, you will usually find that the solicitors will need to open the file and send a whole load of compliance documentation and it’s unlikely that you are going to get much change out of £100 with that initial letter.

You can charge interest for non-payment at 8% per annum simple, on the outstanding balance, from when it became due but you need to tell him that you are now going to start charging it unless he pays in accordance with the agreement.

In respect of this affecting your mental health, I’m afraid that you have no claim in that respect because it’s not a reasonably foreseeable consequence of any breach of contract by him.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
why have you taken ??
Customer: replied 3 months ago.
you have taken 40 pounds from my account. Why?

I’m afraid that I don’t deal with money, I only deal with questions.

You have obviously paid for the service because there is a fee for it.