getting paid for an item sold
Discussion
hi
I have a trailer (artic lorry type) that i have sold to an individual that also is the director of a company that was doing work on it after they had failed to complete the work so i agreed to sell the trailer to them.
This was in October and the trailer is at their site where the work was to be completed. Hes constantly making excuses for why its not been paid for from problems with bank transfers, to car accidents (fake ones, using a picture of a car from an airport parking scandle out of the daily mail!) to just not making it to the bank or account limits. the usual delaying tactics. I have a full trail of whatsap and text messages regards all of this and he has made one payment of £1k out of a £20k agreed price (arrived at 10pm on a random night) which i have taken as intent to buy and a deposit which i believe is as good as a contract.
what is my best route to get the money? moving the trailer isn't very easy as i have no truck to do so and no where to sort or put the trailer if i do get it back and really with what his company has done to the trailer hes massively devalued it for any use i had for it.
I have a trailer (artic lorry type) that i have sold to an individual that also is the director of a company that was doing work on it after they had failed to complete the work so i agreed to sell the trailer to them.
This was in October and the trailer is at their site where the work was to be completed. Hes constantly making excuses for why its not been paid for from problems with bank transfers, to car accidents (fake ones, using a picture of a car from an airport parking scandle out of the daily mail!) to just not making it to the bank or account limits. the usual delaying tactics. I have a full trail of whatsap and text messages regards all of this and he has made one payment of £1k out of a £20k agreed price (arrived at 10pm on a random night) which i have taken as intent to buy and a deposit which i believe is as good as a contract.
what is my best route to get the money? moving the trailer isn't very easy as i have no truck to do so and no where to sort or put the trailer if i do get it back and really with what his company has done to the trailer hes massively devalued it for any use i had for it.
trickywoo said:
You are a bit stuck as small claims would be the obvious solution but the value is too high.
As inconvenient as it is your best option is to physically take it back.
MCOL limit is £100k: https://www.gov.uk/government/publications/money-c...As inconvenient as it is your best option is to physically take it back.
Hopefully OP has clarity about whether the purchaser was the individual or the company to get the claim issued correctly.
LooneyTunes said:
trickywoo said:
You are a bit stuck as small claims would be the obvious solution but the value is too high.
As inconvenient as it is your best option is to physically take it back.
MCOL limit is £100k: https://www.gov.uk/government/publications/money-c...As inconvenient as it is your best option is to physically take it back.
Hopefully OP has clarity about whether the purchaser was the individual or the company to get the claim issued correctly.
Even if he wins in court the chances of the guy actually paying are slim based on what we’ve been told.
gotoPzero said:
Did you pay for the work he / the company has done or is the £20k the price because you did not pay?
(I assume the work was done?)
I paid 50% of the value of the works up front in 2022 when the trailer went to them (£5k) as the quote specified to the company. The work up to 50% hasn’t been completed and what has been done is not great standard. (I assume the work was done?)
I also had to rent a replacement vehicle as a deadline to complete never happened and I needed a trailer so he agreed to pay for that at a cost of £3k which he never paid so i had to cover that to not upset a company I had dealt with previously and may want to in the future.
Was then agreed with him as the director of the company that I needed to move on so he would by the trailer for an agreed £20k to cover the trailer and what I had paid to him although he wanted to do it privately and not via the company. He has paid the £1k deposit via his private account in his name.
You are going to need to speak to a solicitor IMHO.
I would also be establishing where the trailer is, what condition it is in etc. I would do this on the QT! (send someone else or something)
I assume the trailer is still on your books? You may also need to speak to your accountant too.
Once you know he still has it then I think you might be able to do something, but I have a feeling its going to be a complicated situation as work has been done etc.
Also just as a word of advice, don't use WhatsApp for important business. Use email, with proper signatures (name, position, address, company number) and company branding etc.
Then there is no arguing over who was dealing with who.
I would also be establishing where the trailer is, what condition it is in etc. I would do this on the QT! (send someone else or something)
I assume the trailer is still on your books? You may also need to speak to your accountant too.
Once you know he still has it then I think you might be able to do something, but I have a feeling its going to be a complicated situation as work has been done etc.
Also just as a word of advice, don't use WhatsApp for important business. Use email, with proper signatures (name, position, address, company number) and company branding etc.
Then there is no arguing over who was dealing with who.
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