Can A Supplier Go To A Customer Site And Reclaim Goods??

[viper911]

Hi

 

Just looking for a bit of advice as I imagine similar people have went through this or something similar.

 

We are likely going to be winding up soon as we have mounting debts and hardly any work coming in.

 

We done a job for someone and was paid on it. However we havent yet paid the supplier for the goods we used as we havent got the cashflow to do so.

 

So can the supplier goto the customer property and start removing the goods?

 

It does say in the suppliers T&C's that they can do this however legally can they?

 

Thanks in advance for any help

[citizenB]

Has the customer (where the goods were delivered / installed) paid you ?

 

I have flagged the original question for others to look at

[seanamarts]

Can you scan in the T&C's, it would be helpful if someone could read through this.

 

I cannot see them being allowed to just enter a persons property and take out the goods without a court order.

[citizenB]

Follow instructions below for posting up documents.

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

[viper911]

Hi

 

I can upload them however want to keep this anonymous sorry

 

The T&C's state they can "under a retention of title clause" however in practicality is it feasible as the customer would have to allow them on to their property to do so (without a court order that is) and what customer is gonna do that??

 

Also the customer has not paid in full, still has some to pay.

 

I have found this link which kinda helps.

 

http://www.lawdonut.co.uk/law/commercial-disputes/debt-recovery/getting-your-goods-back-if-you-aren-t-paid

[citizenB]

Yes, I think it probably does help you

[AndyOrch]

Thread moved to General Legal Issues

[steampowered]

My understanding is that ROT clauses are ineffective against third parties such as customers. This is because there is no contract between the original supplier and the customer. Furthermore, ownership of the goods will have passed to the customer under s2 (2) Factors Act 1889.

 

An exception would be where the customer is aware of the ROT clause, but this is unlikely.