NigeEss
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| posted on 23/11/11 at 11:52 PM |
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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.
Time is an illusion. Lunchtime doubly so.................Douglas Adams.
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Russ-Turner
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| posted on 24/11/11 at 12:43 AM |
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I would stick with plan A pal. Failing that start cracking skulls!
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Russ-Turner
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| posted on 24/11/11 at 12:44 AM |
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Bloody hell I need to change that avatar!
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tegwin
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| posted on 24/11/11 at 12:56 AM |
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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.
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Would the last person who leaves the country please switch off the lights and close the door!
www.verticalhorizonsmedia.tv
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Russ-Turner
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| posted on 24/11/11 at 01:00 AM |
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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
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| posted on 24/11/11 at 08:26 AM |
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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.
Duratec Engine is fitted, MS2 Extra V3 is assembled and tested, engine running, car now built. IVA passed 26/02/2016
http://www.triangleltd.com
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quinnj3
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| posted on 24/11/11 at 08:32 AM |
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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
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| posted on 24/11/11 at 09:14 AM |
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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
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| posted on 24/11/11 at 09:38 AM |
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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
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| posted on 24/11/11 at 02:00 PM |
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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
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| posted on 24/11/11 at 02:37 PM |
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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
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| posted on 24/11/11 at 05:30 PM |
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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
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| posted on 24/11/11 at 06:41 PM |
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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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