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Yes, that’s what our late dairy engineer who allways called a spade a spade said, “it’s the good customers who end up paying for the bad ones”You should sue for diminution of value I.e. it's now a second hand bit of kit, so you are due the difference from new. Lodge the claim with moneyclaimsonline as it's cheaper and you will get your costs paid. You should not tolerate this kind of behaviour and as a previous customer of yours, it's people like us that have to pay for it.
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 ??
Youre a proper gentleman, a rare thing these days its a really shitty stunt that fellow pulled turning a new disc into a demo machine . If he has any moral fibre he will make sure you are not out of pocket but i wouldnt hold my breath . Court is it worth the hassle ? Personally i wouldnt bother getting paid as icanshootaswell has pointed out is not gauranteed. Might be a queue in front of you from those that supplied the new sheds and other machinery . Hope this bad experience does not cause you any more grief .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.
You are very like me in that regard and I have got caught before for the simple reason we think everyone else is honest and trustworthy but sadly they are not ,take back your machine and be thankful it's not broke up ,I just got sorted with a mower I sold in good faith and it has left a sour taste in my mouth but I learnt my lessonI’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.
£30 cost when I did it online three years agoAre 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.
Well, there is a contract in place, but from the info' supplied we can't tell whether it is a written one with explicit terms or an implied one. The fact they acknowledge having requested, received and used the kit is greatly in the OP's favour too, this is all implicit in the facts that they have kit, recognise that it was supplied by the OP and that they are happy for him to retrieve it.@Guy It isn't clear from your post - is there a "contract" in place? A purchase order and invoice for the equipment?
If there is get your hands on the equipment before anything else.
When you pick it up I think that you need to close down the invoice with a credit note restoring the goods to you - or he is the legal owner [even though a debtor]
Then consider your options. My worry is there is no contract in place for hire - so them failing to pay for it is hard to prove. I think you need to claim on a subtlety of lost value.
The paper trail might look like this:
You would need to issue an invoice for lost value / hire
Issue a credit note for the purchase invoice.
Then sue on the failure to pay that - there is some sort of trail of there being a contract in place.
NOTE: I am not a lawyer but this seems a possible way of going to court. Whatever happens get the equipment first. @Danllan ?
So where do people who state goods remain ours until paid in full stand ?Well, there is a contract in place, but from the info' supplied we can't tell whether it is a written one with explicit terms or an implied one. The fact they acknowledge having requested, received and used the kit is greatly in the OP's favour too, this is all implicit in the facts that they have kit, recognise that it was supplied by the OP and that they are happy for him to retrieve it.
As for a remedy... it's probably going to be a case of 'join the queue'... and, anyway, depends upon how pleasant the @Guy wishes to be. There is a clear case to be compensated for the collection and cleaning / repair of the kit, that is definite. I think it's near-certain that delivery costs can be claimed for too - despite delivery being FOC, it is obvious that it was made on condition and in anticipation of purchase and payment, neither of which happened. Charging for use of the kit at standard hiring rates seems reasonable too.
The OP is obliged to try and seek a remedy before going to the Courts, not that there seems much hope with the other side's attitude and probable lack of resources; nonetheless, 'we're broke' might be a bluff, so it should be done. Not much else to write really, other than follow the proper course of request, request again, request with mild demand, demand with threat of legal action, then take legal action.
Wish there was some good news to impart, but can't think of any...