How do i stand?

[spoonbed]

Hello from a long time viewer.


Could anybody tell me how i stand legally?

Got a customer that had some work done.Chased payment by telephone, email and letter and was promised on many occasions that payment would be made.
After a further 2 months( and in view of general economics), asked and gained permission to premises.Made a further call to customer and said that unless payment was immediate i would remove the items which i installed (as per our T&C's.Says all items remain property of , until paid for in full)
Customer now has threatened legal proceddings.

I would be very interested if anybody has any comments.

Thanks

 

[tim west]

Hello from a long time viewer.


Could anybody tell me how i stand legally?

Using your legs?

 

[spoonbed]

Boom Boom

 

[Estrella]

My solution would involve a baseball bat ,so probably better to ask someone else if you want a legal solution. What's wrong with small claims court ?

 

[spoonbed]

Waste of time.Got a strong suspicion that hes likely to go belly up

 

[Estrella]

Is he actually living in this property ? I would be tempted to just go and retrieve the goods and deal with the fall out later.

 

[spoonbed]

Thats what i have done.I requested and gained access to the property and removed the items that i installed

 

[seco services]

wheres he then ?
how have you gained entry ? by who ?

you haven't told us how or where.

 

[spoonbed]

Hes in the head office.
Asked the manager of the premises where kit was installed

 

[JohnD]

what sort of threat has he made? meaningless bluster? or meaningless bluster in the form of a solicitor's letter?

 

[spoonbed]

No solicitors letter.Just co paper.
Hes basically demanded that we reinstall or he will get somebody else in and charges us.
If no response will pursue via other channels( by this i presume legal, rather than baseball bat)

 

[seco services]

let him get someone in and recharge you.

if he's signed your paperwork agreed your t&c
then your in the clear to remove any part you have fitted and charged for.

 

[JohnD]

remind him, by letter, that he failed to pay his account per the contract and you acted in accordance with the T&Cs. Be brief.

That removes his "if no response" excuse.

If he has a leg to stand on he will involve a solicitor, who will be fully aware of the unpaid supplier's right to remove goods that have not been paid for.

 

[spoonbed]

Thanks for the advice.
Sadly i missed the " by date" as was away, but i will try to construct a letter and send by registered post.

Sometimes i bloody hate being self employed( actually most of the time)

 

[kevindgas]

if you didn't gain entry by force, you didn't take any money from him and you didn't do any damaged to his property you should be ok

we took back a boiler 10 years ago which the landlady refused to pay for
1st we went to the police to clarify our position
2 we went to property - tenant let us in
3 we took boiler off wall having told tenant that was our intention
4 we left water turned off uncapped!
5 we left gas turned off capped at boiler and disced in meter outlet

got a call a week later from rozzers she had claimed we had stolen the boiler! explained all to plod who said "fair enough if its your property"

3 months later got another call this time she claimed we had stolen her gas meter! WTF would we want with a meter worth less than £30 was my reply invited them round for a look round our house, garage, vehicles and even our own meter cupboard
never heard any more