Customer in administration
Discussion
Our Invoice states 'Title & Risk' the goods shall remain the property of 'us' until paid for in full. And goes on about charging interest.
Does that help?
Do I have any rights with speaking to the administrators? At the moment they have taken my details and will call me back, however I don't think that will be anytime soon!
Does that help?
Do I have any rights with speaking to the administrators? At the moment they have taken my details and will call me back, however I don't think that will be anytime soon!
Ok thank you very much for your replies.
Things are moving quickly which is great, I have been sent a 'Title Claim' questionnaire.
It asks for standard things like copies of invoices, statements, how can I identify my goods, how long a supplier - all good.
They want my solicitors details - I have one for employment issues and one for property however not for this kind of thing - is it worth looking at or do I need to give these details at all?
And the second question they want to know 'Please include T's & C's and identify the clause which we are relying' and then 'please evidence how the terms & conditions were incorporated into the contracts? '
We have no contract in place or sent them our terms and conditions.
Our Invoices say that we retain title and our website says:
Ownership of the goods shall not pass to you until we have received in full all sums due to us in respect of the goods.
We shall be entitled to recover payment for the goods notwithstanding that ownership of the goods has not passed from us.
From the date of delivery of the goods to you until ownership of the goods has passed to you, you are responsible for taking all necessary steps to prevent damage, loss or harm to the goods and you shall insure the goods at your expense and for our benefit (noting our interest on the insurance policy) with a reputable insurer.
If we reasonably believe that you are about to become insolvent and we have not yet received full payment for the goods, we may take the goods back at your expense. You authorise us or our agents or representatives to enter your premises in order to take back the goods or to inspect the goods in this event.
The amount i'm trying to get back is a little over £15k to give you an idea.
I was going to answer all questions print every invoice and send to the administrators today. Is it worth getting legal advice or can anyone help me if the above is the right thing to do? I don't to trip up on a technicality by including or excluding something in this questionnaire. Nor do I want to make myself more work than necessary!
HELP
Things are moving quickly which is great, I have been sent a 'Title Claim' questionnaire.
It asks for standard things like copies of invoices, statements, how can I identify my goods, how long a supplier - all good.
They want my solicitors details - I have one for employment issues and one for property however not for this kind of thing - is it worth looking at or do I need to give these details at all?
And the second question they want to know 'Please include T's & C's and identify the clause which we are relying' and then 'please evidence how the terms & conditions were incorporated into the contracts? '
We have no contract in place or sent them our terms and conditions.
Our Invoices say that we retain title and our website says:
Ownership of the goods shall not pass to you until we have received in full all sums due to us in respect of the goods.
We shall be entitled to recover payment for the goods notwithstanding that ownership of the goods has not passed from us.
From the date of delivery of the goods to you until ownership of the goods has passed to you, you are responsible for taking all necessary steps to prevent damage, loss or harm to the goods and you shall insure the goods at your expense and for our benefit (noting our interest on the insurance policy) with a reputable insurer.
If we reasonably believe that you are about to become insolvent and we have not yet received full payment for the goods, we may take the goods back at your expense. You authorise us or our agents or representatives to enter your premises in order to take back the goods or to inspect the goods in this event.
The amount i'm trying to get back is a little over £15k to give you an idea.
I was going to answer all questions print every invoice and send to the administrators today. Is it worth getting legal advice or can anyone help me if the above is the right thing to do? I don't to trip up on a technicality by including or excluding something in this questionnaire. Nor do I want to make myself more work than necessary!
HELP
It's multiple locations so not very quickly but it can be done.
Can I legally do that though? Do i give people paperwork or just rock in and start taking stock - I guess the police will be called. What if they start hiding stock out the back? What powers do I have to take it?
Obviously want to know my rights before I start!
Can I legally do that though? Do i give people paperwork or just rock in and start taking stock - I guess the police will be called. What if they start hiding stock out the back? What powers do I have to take it?
Obviously want to know my rights before I start!
I appreciate the advice of going there and getting it. My issue is it's across 14 or so stores. All corners of the UK.
I realised that I have FSB legal help (who I know in the past are very cautious with their advice for obvious reasons).
They have stated that unless I have proof of them accepting the Terms of the Title clause then I have little to go on.
If I turn up, I would argue with the store manager who would call the Head Office and they would advise to not let me have the stock. If I get one store's worth then they will certainly remove or move the stock in the rest so I feel that it won't be a good exercise.
What the poster says above is so right, signed terms and conditions especially of title is really important. I certainly won't be making that mistake again.
What a rubbish couple of days.
I'm now going to get someone to listen to about 3 hours worth of telephone calls to see if anything worth noting was mentioned.
I realised that I have FSB legal help (who I know in the past are very cautious with their advice for obvious reasons).
They have stated that unless I have proof of them accepting the Terms of the Title clause then I have little to go on.
If I turn up, I would argue with the store manager who would call the Head Office and they would advise to not let me have the stock. If I get one store's worth then they will certainly remove or move the stock in the rest so I feel that it won't be a good exercise.
What the poster says above is so right, signed terms and conditions especially of title is really important. I certainly won't be making that mistake again.
What a rubbish couple of days.
I'm now going to get someone to listen to about 3 hours worth of telephone calls to see if anything worth noting was mentioned.
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