Hopefully the last customer not paying topic from me!
Hopefully the last customer not paying topic from me!
Author
Discussion

Josho

Original Poster:

748 posts

127 months

Saturday 27th October 2018
quotequote all
What do you guys think of this letter (bill is over 2 months LATE!!!)

I am writing to request payment for the outstanding invoice.
The total outstanding is: £1645.42
This is seriously overdue, I understand and empathise that cashflow issues affect all of us however this needs sorting.
If it is not settled within 14 days £15+VAT per day storage fees will be charged for the Jeep Compass.
After 28 days from the date of this letter we reserve the right to exercise our rights under the TORTS Act 1977 to sell the Jeep to cover the costs of the repairs, storage costs and sales fees.
We really don’t want to go down this route.
As a side thought, we are happy to purchase the Jeep for £3750 in it’s current state (taking into account the £1645.42 outstanding) if this it at all of interest to you.

Kind regards

LosingGrip

8,865 posts

189 months

Saturday 27th October 2018
quotequote all
Personally I would remove the bit about how cash flow etc.

Sharp and to the point. 14 days to settle the bill etc before small claims.

I don't know anything about the other part!

Buster73

5,619 posts

183 months

Saturday 27th October 2018
quotequote all
Too much waffle.

Overdue account of £x .

Payment in full within 7 days or issue of small claims court action , if no payment follow through with the claim the next day , no more fannying about.





Why you would offer to buy in the same letter is beyond me I’m afraid , muddying the water at best.

Goldfever4

234 posts

104 months

Saturday 27th October 2018
quotequote all
Josho said:
What do you guys think of this letter (bill is over 2 months LATE!!!)

An invoice of £1,645.42 for your Jeep Compass is over 60 days past due.
If this sum is not settled within 14 days £15+VAT per day storage fees will be chargable.
After 28 days from the date of this letter we reserve the right to exercise our rights under the TORTS Act 1977 to sell the Jeep to cover the costs of the repairs, storage costs and sales fees.

Please contact us to arrange settlement.

Regards
FIFY

CAPP0

20,868 posts

233 months

Saturday 27th October 2018
quotequote all
Goldfever4 said:
Josho said:
What do you guys think of this letter (bill is over 2 months LATE!!!)

An invoice of £1,645.42 for your Jeep Compass is over 60 days past due.
If this sum is not settled within 14 days £15+VAT per day storage fees will be chargable.
After 28 days from the date of this letter we reserve the right to exercise our rights under the TORTS Act 1977 to sell the Jeep to cover the costs of the repairs, storage costs and sales fees.

Please contact us to arrange settlement.

Regards
FIFY
Chargeable

FIFY2

singlecoil

35,831 posts

276 months

Sunday 28th October 2018
quotequote all
You can't charge storage fees unless that was part of the original agreement.

Jimmy Recard

17,550 posts

209 months

Sunday 28th October 2018
quotequote all
This won't be helpful OP, but I would've thought that that bill is approaching the value of a Jeep Compass?

You might well find they won't comply because they want to ditch it for this reason alone

98elise

32,617 posts

191 months

Sunday 28th October 2018
quotequote all
singlecoil said:
You can't charge storage fees unless that was part of the original agreement.
He's offering a new agreement for storing the car if they don't collect it. The owner can avoid that by paying their bill and collecting their car.

singlecoil

35,831 posts

276 months

Sunday 28th October 2018
quotequote all
98elise said:
singlecoil said:
You can't charge storage fees unless that was part of the original agreement.
He's offering a new agreement for storing the car if they don't collect it. The owner can avoid that by paying their bill and collecting their car.
OP can't impose a new contract without the agreement of the other party. The original contract ( such as it is) remains in force.

Josho

Original Poster:

748 posts

127 months

Sunday 28th October 2018
quotequote all
Cheers guys.

To make it slightly more confusing we did an accident repair on a 5 Series and when we dropped it off we collected a Jeep that needed some work doing.

We've held off on the work as they let us down on the promised pay date for BMW.

The only reason we let the BMW go is because we were collecting the Jeep.

TooMany2cvs

29,008 posts

156 months

Sunday 28th October 2018
quotequote all
Why capitalise torts? It's a word, not an acronym. "...under the Torts Act 1977" (capital initials because you're referring to legislation)

Tony1963

5,808 posts

192 months

Sunday 28th October 2018
quotequote all
And "its", not "it's current state".

paul.deitch

2,315 posts

287 months

Sunday 28th October 2018
quotequote all
For the future add the appropriate storage clause to your standard t@c s and then you are covered.

Alucidnation

16,810 posts

200 months

Sunday 28th October 2018
quotequote all
Think the OP needs another career.

iandc

3,891 posts

236 months

Sunday 28th October 2018
quotequote all
Alucidnation said:
Think the OP needs another career.
English teacher?

hutchst

3,727 posts

126 months

Sunday 28th October 2018
quotequote all
singlecoil said:
OP can't impose a new contract without the agreement of the other party. The original contract ( such as it is) remains in force.
Not if it has been repudiated.

BertBert

21,270 posts

241 months

Sunday 28th October 2018
quotequote all
If it was me I'd not cloud the demand for money with an offer to buy the car. I'd do that with separate comms to avoind confusing the two.
Bert

singlecoil

35,831 posts

276 months

Sunday 28th October 2018
quotequote all
hutchst said:
singlecoil said:
OP can't impose a new contract without the agreement of the other party. The original contract ( such as it is) remains in force.
Not if it has been repudiated.
Was there a time limit on the original contract?

EW109

338 posts

170 months

Sunday 28th October 2018
quotequote all
TooMany2cvs said:
Why capitalise torts? It's a word, not an acronym. "...under the Torts Act 1977" (capital initials because you're referring to legislation)
it is not even called that. It is the Torts (Interference with Goods) Act 1977. The conventional(ish) acronym is "TIGA".

I suggest that the OP reads section 12 and Schedule1, which set out in detail what needs to be done if a sale is to be lawfully conducted.

hutchst

3,727 posts

126 months

Sunday 28th October 2018
quotequote all
singlecoil said:
Was there a time limit on the original contract?
I don't know, but you seem to. You have made the bold statement that the contract is still effective. I have merely suggested that might not be the case.

I'm guessing that when you say time limit, you actually mean payment terms. If so, "Pay me when I finish" dropped into the conversation would suffice.