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Author: Subject: Legal issue (re : payment) Where do I stand
NigeEss

posted on 23/11/11 at 11:52 PM Reply With Quote
Legal issue (re : payment) Where do I stand

Back in August I repaired a fork lift truck for a local garden centre. The customer offered to pay
up front for the parts involved as they were 317.40. So I order and he rings to pay by credit
card.
Due to some cock up the supplier only debited him 17.40 and subsequently sent me a letter
asking for the outstanding 300. I passed a copy of this to the garden center chap and I also
gave all his details to the supplier (main Linde dealer). So far he has failed to pay it. I'm now
being chased by Linde as it was my details on the order form. They insist I pay and it's up to
me to chase up my customer.

So where do I stand ? I'm feeling inclined to say sod off as it was their cock up.





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Russ-Turner

posted on 24/11/11 at 12:43 AM Reply With Quote
I would stick with plan A pal. Failing that start cracking skulls!






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Russ-Turner

posted on 24/11/11 at 12:44 AM Reply With Quote
Bloody hell I need to change that avatar!






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tegwin

posted on 24/11/11 at 12:56 AM Reply With Quote
Write to the garden center stating that they must pay this invoice within 20 days if they do not you will start charging them interest at a reasonable rate.

If they still dont pay, invoice them again with a handling charge+interest.

When they refuse to pay, start small claims court preceedings against them, its simple and free (I believe). The threat of legal action should rattle them enough.





------------------------------------------------------------------------------------------------------------------------
Would the last person who leaves the country please switch off the lights and close the door!

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Russ-Turner

posted on 24/11/11 at 01:00 AM Reply With Quote
Small claims proceedings cost 100 which will be paid by the other side when they inevitably lose. The threat of a CCJ should suddenly wake them up!






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big-vee-twin

posted on 24/11/11 at 08:26 AM Reply With Quote
I'm afraid your going to have to pay as you made the order, if you don't you will be going to small claims court.

Once you have paid then your going to have to write a letter to the garden centre threatening legal action which may lead to them paying interest and legal costs too.

If they don't respond you will need a Lawyer to write them a letter then after that its small claims court I'm afraid.





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quinnj3

posted on 24/11/11 at 08:32 AM Reply With Quote
Unfortunately, as its your name on the order form I'd be pretty sure that your responsible for payment to the suppliers. Its then your responsibility to chase payment from your customer. Not a pleasant situation to be in but the suppliers require payment as well even though they made the mistake. Your customer is required to pay as they have not effectively paid for the parts that were supplied. If there is no sign of payment from the customer and you have exhausted every opportunity, then it is time to go to the small claims. The same could also happen to you if you do not pay your suppliers .





my aim is to build my own locost wether it takes me a week or 10 years to get started, i'm sure i will sometime

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Ninehigh

posted on 24/11/11 at 09:14 AM Reply With Quote
There's a few of us round that way maybe we should all go down and demand the forklift or 300






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jossey

posted on 24/11/11 at 09:38 AM Reply With Quote
if they made the mistake taking the payment then they need to resolve the issue.

you need to look at sending a 7 day letting to the garden centre stating legal action will be taken if they dont pay.

not great but if you dont send the legal stuff you have no leg to stand on.





Thanks



David Johnson

Building my tiger avon slowly but surely.

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cliftyhanger

posted on 24/11/11 at 02:00 PM Reply With Quote
Keep it simple. No need for any threats or stiff letters at all at this stage, and as for the "we should all go round there and look like the Mitchell brothers....."

I would politely speak to the garden centre, explain what has happened and ask them to pay the supplier the balance. Only if they refuse should you get worried. And then try being insistent rather than nasty. Then it may be time to send the letter requiring payment and take it from there.
Life is much more pleasant when you are nice to people, who are usually understanding.

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NigeEss

posted on 24/11/11 at 02:37 PM Reply With Quote
Thanks for all the advice,
Will pop round on Saturday for a friendly chat.





Time is an illusion. Lunchtime doubly so.................Douglas Adams.

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macc man

posted on 24/11/11 at 05:30 PM Reply With Quote
I had an issue with one of my customers who did not want to pay me for the bathroom work I had done before his insurance paid out. I did get paid in the end but it took a few months. I had stated plainly the terms before starting work but he chose to ignor them. You need to be firm but not threatening. Having a row will not help even if you feel like one. Best of luck.






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Ninehigh

posted on 24/11/11 at 06:41 PM Reply With Quote
quote:
Originally posted by cliftyhanger
Keep it simple. No need for any threats or stiff letters at all at this stage, and as for the "we should all go round there and look like the Mitchell brothers....."



Sorry I missed a

However I'm quite sure my SIA licence allows me to act as a bailiff
(probably doesn't though!)






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