Customer not paid for goods, delaying payment ***Resolved***

[ZENTRIX9]

Hi, hope this is the right place.

 

I supplied some finished goods to a trade customer, they had a bit of a disagreement over postage costs so they now get the goods collected.

It looks like they have stopped placing orders since the end of December and the invoices outstanding are being postponed as there may be "queries".

I email delivery notes so they can check the goods sent and have not had any queries for a few months until I chase payment.

All invoices show 7 days after delivery the payment is due. They are a minimum of 2 months overdue. All outstanding invoices should have been paid by the end of December.

On every invoice this phrase is present "All goods remain the property of "############" until they are paid for in full" 

 

My question is can I visit them at their property and reclaim my goods?

or at somewhere they may be exhibiting the goods for sale?

 

What are my options?

 

I would rather get the goods back than wait for payment.

 

Also if the goods on the invoice are not all there can I take other goods that I have supplied to the same value?

[theberengersniper]

Before you go straight for the nuclear option, why not write to them, by recorded delivery, reminding them of your payment terms, the long-overdue nature of the invoices still outstanding, the monetary value of those, and give them 14 days to bring their account up to date, and advise them that if that doesn't happen, you will be forced to take further action.

 

If they don't respond to that in favourable terms, then you can begin the pre-action protocol, and in due course raise a small claim against them. Assuming you are successful at doing that, they'll have a CCJ against their name and you can instruct High Court Bailiffs (if you choose to do so) to enforce recovery of your goods and/or additional goods to cover your losses.

 

I'm assuming the amount they owe you is below the Small Claim limit. Is it?

[ZENTRIX9]

Can I email it to them?

Yes below £10,000

 

To be honest I don't want their business again so would prefer to just fetch my goods back.

They don't want to buy from me again so they are not paying to inconvenience me and waste my time.

 

If I can collect my goods it will be in front of 100's of people (customers) and they will not want a scene so will more than likely pay.

[theberengersniper]

You can certainly email it to them, yes, but don't underestimate the 'official' and slightly intimidating nature of a recorded delivery letter landing on their doormat.

 

It's a great deal more difficult to quietly forget about that than it is an email, and in my view it serves to demonstrate your determination to claim what's owed to you.

 

If you do end up pursuing a small claim against them, that will need done in writing, so you might as well start building your paper trail now.

[ZENTRIX9]

Main thing I need to know is can I go and get my goods back and give them a receipt for what I have taken in lieu of their invoices that are owed.

[BankFodder]

I think the answer is that you cannot go and get your goods back.

 

At the very least they would be on their property and so in order to retrieve the goods you would have to trespass .

 

You should write to them immediately and ask them what the issues are and ask them what arrangements can they make so that you can visit and collect the outstanding goods .

 

Start with that. Try to keep the letter very friendly and not conflict oriented.

 

Don't set any deadlines but let us know what happens after 7 days

 

 

 

 

[ZENTRIX9]

I have emailed them the 14 days etc

 

I don't think trespass will come into it as they will be at a craft fayre and I will have to pay to gain entry so I will be there legally

[ZENTRIX9]

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