Business Debt - Can I chase?
Business Debt - Can I chase?
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MAMC

Original Poster:

18 posts

126 months

Tuesday 5th April 2022
quotequote all
G'day all,

My company sold five machines to another business a year or so ago. A deposit was paid, machines delivered and installed. Balance due on install, didn't arrive, chased for the best part of a year, gave space because of Covid etc. Eventually got fed up and removed machines. One machine was not present, director of purchasing business says that deposit covers the cost of that one machine.

It's not a huge amount of money but more the principle. The removed machines all needed a lot of work because no maintenance was ever carried out on them. Collection costs, delivery costs, reselling costs etc. I'd like to put some 'pain' onto the buyer as they messed us around so much and have got away with it.

What course of action can I take? Terms and Conditions on the invoice are minimal (since updated) but does state the payment was a deposit for the whole order rather than payment for one machine.

Thoughts? Ta

AB

18,545 posts

211 months

Tuesday 5th April 2022
quotequote all
Personally, I think you'd spend a lot of time and resources chasing it and probably end up with nothing. It'd be different if you hadn't got the machines back.


MAMC

Original Poster:

18 posts

126 months

Tuesday 5th April 2022
quotequote all
AB said:
Personally, I think you'd spend a lot of time and resources chasing it and probably end up with nothing. It'd be different if you hadn't got the machines back.
Agree yes, but it's more a case of principle so happy to waste a bit more time if there is a route which would lead to success.

AB

18,545 posts

211 months

Tuesday 5th April 2022
quotequote all
It's not the time as much as the money to be honest. But I can't really help you on a route to success on it.

Simpo Two

89,401 posts

281 months

Tuesday 5th April 2022
quotequote all
MAMC said:
AB said:
Personally, I think you'd spend a lot of time and resources chasing it and probably end up with nothing. It'd be different if you hadn't got the machines back.
Agree yes, but it's more a case of principle so happy to waste a bit more time if there is a route which would lead to success.
You can hardly sue them for machines they gave back to you. Breach of contract maybe but I would spend your time more constructively finding new owners for them.

If the deposit covers the cost of the one remaining machine then that's it IMHO. I suspect the company has run out of money or changed its mind. If the value of the machine they still have is more than the deposit paid you could try for the difference.

Hobo

6,081 posts

262 months

Wednesday 6th April 2022
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If you are that way out then you could easily start a claim using www.moneyclaim.gov.uk, which has pretty low fees and minimal time involved. Just fill in the claim and await a response. You'll then likely have to file a further response, and potentially attend an court (online or in person).

Personally, if it's not really about the money (as you say), and the money isn't significant, then move on. Life's too short.

jonby

5,360 posts

173 months

Wednesday 13th April 2022
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If you can demonstrate you had Retention of Title, then you own all the machines until all the money owed is paid. That means the machine they didn't give you is still yours and they can't sell it as they didn't have title to pass to their customer

If you don't have Retention of Title however, then title to all 5 machines passed at the point of delivery (i.e. the time your customer took physical possession) regardless of what, if any, monies were paid to you

Retention of Title requires a pre-contractual agreement so terms on an invoice are insufficient given the invoice is almost always produced post contractually (after the order was made). I assume from your post you don't have valid ROT

So all you have is breach of contract and you would find it expensive to pursue with little likely reward

Use it as a learning exercise to tighten up terms and procedures for future