When a sale isn’t a sale

Discussion in 'Machinery' started by Guy, Jun 11, 2019.

  1. Guy

    Guy Member

    Chipping Norton
    so ... weird one this ...

    A few months ago I supplied a new 3m set of discs to a contactor “doon sooth”

    I agreed to deliver FOC so dropped them off at their premises, new sheds going up, new machinery everywhere . I was told payment would be made later that day and I’d obtained a few references so was “reasonably” satisfied. A week later, no payment. I called the owner of the company’s debt politely reminded him, he then told me “we pay our invoices at the end of the month”
    So 6 weeks later, still no payment. I made another polite call only to be told they don’t have any money, they are terribly sorry and I can collect the discs at my leisure (180 miles away) of course sh!t happens so I go and collect the discs. I arrive there and they have been used, they are covered in soil and mud and here is plastic wrapped around 60% of the bearings ..... obviously I’m livid but what is the forums opinion ? I’m going to charge for collecting and cleaning but what about a nominal hire charge ??
  2. name shame ,, charge for every penny and small claims court
    Deutz6160, Rob-B, Dyffryn and 30 others like this.
  3. deere 6600

    deere 6600 Member

    Shavings man and Guy like this.
  4. if he a contractor bet he got payed where he used them .. or perhaps he happy to work for nothing too
    case 5140 and Guy like this.
  5. Sonoftheheir

    Sonoftheheir Member

    West Suffolk
    How will you get any money out of them for all your trouble?
  6. 7610 super q

    7610 super q Member

    The Facebook generation......
  7. last time something similar happened to me the judge told me I had not claimed enough and added some more to the bill
    capfits, Courier, mtx.jag and 8 others like this.
  8. Clive

    Clive Staff Member

    Without doubt - hire cost (which should reflect the now used value of your discs) plus delivery and collection

    Small claims court if they don’t pay
    Norm, mtx.jag, Flat 10 and 6 others like this.
  9. Clive

    Clive Staff Member

    Small claims court is easy cheap and VERY effective
    Rob-B, Norm, ollie989898 and 3 others like this.
  10. Clive

    Clive Staff Member

    Don’t name and shame - it will destroy any chance of winning in court
    Yale, wr., spin cycle and 1 other person like this.
  11. Dry Rot

    Dry Rot Member

    Win your case in court (with any luck, he won't appear and you'll win by default). THEN name and shame.

    He won't be able to do anything as there is no law against speaking the truth (if you can prove it), and what better proof is there than a court judgement?

    Of course, you won't get any more money, but revenge really is sweet!;)
    Bloders, mtx.jag, Flat 10 and 6 others like this.
  12. yes you right get the money first
    s~~t shoveller likes this.
  13. Campbell

    Campbell Member

    You are too much of a gentleman Guy. Didn't you get turned over with a front linkage deal not long ago? ....With respect, I'd say strictly payment with order for new customers from now on. The ££ risks are just to great these days. Of course invoice them for use and damage, it was not their machine to use anyway...
    wr. and KennyO like this.
  14. icanshootwell

    icanshootwell Member

    Are you sure about that, i took someone to small claims court 20 years ago, and i am still waiting for payment. Luckily it was for £600 and just wrote it off and learnt from it. As for @Guy, he got the disks back, it will cost him 250 approx to take it to small claims and he won,t be guaranteed he gets paid after that. Draw a line under it and move on.
    Purli R likes this.
  15. Chae1

    Chae1 Member

    I'd just name and shame them, the cost of going through courts etc for a hire charge etc aren t going to be worth it.

    All fur coat and no knickers spring to mind.

    Are they a tff member?
    kiwi pom likes this.
  16. I suspect Guy is the kind of bloke who just wants to do deals and help people, rather than constantly run through life looking for the downsides of everything. I can appreciate that.
  17. Guy

    Guy Member

    Chipping Norton
    I’m very torn to be honest, on one hand I think the machinery industry needs turning upside down but I also love the tradition of our agriculture industry and wanting to be as flexible as possible... it works most of the time but sadly not always.
    Jim B, mtx.jag, fredf and 10 others like this.
  18. snipe

    snipe Member

    west yorkshire
    No some times you get let down. It’s very sad.
  19. I wouldn't feel torn. Someones taking the pee out of you.
    fredf and Tarw Coch like this.
  20. Northeastfarmer

    We have taken 2 people to the small claims court and won on both occasions....money was paid immediately
    case 5140 likes this.

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