How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73446
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

We have a customer who ordered stock which was printed and

Customer Question

We have a customer who ordered stock which was printed and prepared in their design. Part of the order has been delivered and they will not take the balance of order as the market has fallen flat and they still have stocks. We have held this stock for more than 6 months after the delivery date waiting for them to call off the deliveries. This stock is in our warehouse and we are unable to sell as it is their graphics designs etc. They will not give us any time frame to take the stock. This is tying up money in stock we can only sell to them. Are we within our rights to invoice them even though we have the stock and then have a clam through the courts. the total value including VAT is £12198.60.
JA: What state are you in? And have you consulted a local attorney?
Customer: we are in Linconshire
JA: Has anything been officially filed? If so, what?
Customer: nothing has been filed we have asked them to take the stock or a date when they will do and they will not give us a date
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think I have explained everything
Submitted: 12 days ago.
Category: Law
Expert:  Ben Jones replied 12 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 12 days ago.

How long have you been holding this stock for? and what are your terms with regards ***** *****?

Customer: replied 12 days ago.
The stock was ordered on the customers purchase order and we send a sales aknowledgement. The stock was ready in September and they would take the stock when available and within 4 weeks. they have taken part of the order but the balance of stock they have not taken. The order was payment before delivery and we have even offered then 30 day terms to see if that would help. The company is financially stable but because it is snaitizers and since September lots of product is now in the market they dont want to take what they ordered. It is there design so only saleable to them.
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The basic position in law is that they have instructed you to provide a service and you have done so and are now due payment. The fact their circumstances have changed is not something that will affect their liabilities to you and unless it was a specific contractual term which allowed them to cancel or amend the order accordingly, they will still be liable for payment.

On that basis, if they were to refuse to pay you what you are due, you can consider taking it further.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome.  There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Expert:  Ben Jones replied 12 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.