Unpaid invoice

[Flipatron]

I run my own company and recently got a call to do some fibre optic termination and testing. The work involved me supplying both labour and materials to a third party, through another company.

The company I did the work for is avoiding paying the bill, not returning phone calls etc. The question is, can I remove goods from the third party as I have access to the office where I did the work.

Anyone know my rights on this matter. My next step is small claims.

[stigmundfreud]

I'm sure if you go in and start doing it the 3rd party will be "wtf" and you point out what has happend, 3rd party will soon resolve it for you

If you have access or are given access then it isnt breaking and entering. As you havent been paid for your goods you aren't stealing them

[Lensey]

Do you have a condition in the terms to say the goods are your property until the invoice is paid?

[Flipatron]

The thing is, the third party have probably paid for the goods already, so do they own them?

And before I visit site I'll send them a nice letter telling them i'm removing goods due to an unpaid bill.

[Flipatron]

Lensey said:

Do you have a condition in the terms to say the goods are your property until the invoice is paid?

No.

[Parrot of Doom]

Flipatron said:

I run my own company and recently got a call to do some fibre optic termination and testing. The work involved me supplying both labour and materials to a third party, through another company.

The company I did the work for is avoiding paying the bill, not returning phone calls etc. The question is, can I remove goods from the third party as I have access to the office where I did the work.

Anyone know my rights on this matter. My next step is small claims.

No you can't. I'd phone the 3rd party and tell them what has been going on. Possibly they may pay you direct.

[zcacogp]

Snag is, if you are into the removing of things which you have already supplied, can you re-sell them for the same price? Or are they, in the case of fibre optic cables, made-to-suit (and therefore almost worthless once fitted)?

If so, what would taking them away do for you (apart from serious buggeration factor for the end client, and thus a satisfying feeling)? It would also cost time - time to install them (which is time already spent) and time spent removing them.

I'd be trying the best method possible to get the money out of the client, and that may be small claims.

If your client is not the end client, then a quiet word with them (if they are sympathetic) could be helpful as well. They may be able to nudge their supplier (your client), or may re-think who they buy from in the future.


Oli.

[edb49]

Are they in use? Any reason you can't go in and lop the ends off and then re-term when payment comes through?

[Flipatron]

edb49 said:

Are they in use? Any reason you can't go in and lop the ends off and then re-term when payment comes through?

Yep! they are running the local councils CCTV camera network, cutting the ends will down them all. Will take them at least 24 hours to re-connect and thats if they can find someone to do it at short notice.

[JustinP1]

Flipatron said:

edb49 said:

Are they in use? Any reason you can't go in and lop the ends off and then re-term when payment comes through?

Yep! they are running the local councils CCTV camera network, cutting the ends will down them all. Will take them at least 24 hours to re-connect and thats if they can find someone to do it at short notice.

I wouldn't jump to do that straight away, just because of the sh**storm that would cause may blur the issue.

Usually after being messed around a 'Final Warning of Intended Legal Action' letter sent by special delivery to the MD warning that legal proceedings will start without further warning at 1pm on January 16th 2008 (seven days basically) if the payment of X is not received in full.

Further to that you can mention that this action will result in further costs being applicable to the debt including the court costs and the statutory late payment charges under the Late Payment of Commercial Debts (Interest) Act.

I have been warning this for 8 years now and I have not yet had to fill out the court papers. At worst, you will get a phone call a few hours before the deadline asking if they can put a cheque in the post today...

[zcacogp]

^^^ Wot he said.

Don't forget to charge interest on the debt (you do have an interest clause written into your contracts don't you?)


Oli.