Removal of My goods and services

[Putupon]

Hello. I have an issue with one of my customers who is not paying me.
There has been a bit of back and forth and he originally agreed to pay me. Then he came up with some stipulations one of these was having the invoice in a new format.

I carried out these stipulations and issued a credit note for the original invoice and a new invoice in the requested format. To this new invoice I added an administration charge. As this took up my time to go along with his late requests. Now we have got into and even deeper divide.

I originally supplied and installed some new equipment at a property for a builder. The builder has now sold the property but has not paid me.

Can I legally remove all the equipment and services I supplied and installed?

Please help as I don't really won't to go through small claims court.

Thanks in advance for all your help.

[R0b]

Unless you have a clause in the contract that says you can enter the customer's premises to remove the unpaid goods then you will be trespassing and your only real option will be to go to court.

If you don't want to do that, write it off or come to some other arrangement with the customer.

[Putupon]

Thanks Rob,

What if the owner of the property allows me on to the properrty?

[Amethyst]

The owner of the property owns the equipment and services you installed.... they purchased them from the builder. Your only recourse is to take the builder to court to pay the invoice.

What were the changes he wanted making to the invoice ?
How much approx. is the invoice amount outstanding ?

[ostell]

Does your invoices state that the goods remain your property until the invoice is paid?

Is this a builder company or a trader

[ploddertom]

do your Invoices is up to you and I certainly would not be pandering to all & sundry otherwise you get to a state where all your customers have something different. As long as all the relevant information is on it then that will do. Are you registered for VAT? Did you also know about this https://www.gov.uk/late-commercial-p...-debt-recovery ?

Has this builder said why he refuses to pay or is that his usual way of doing things and next time he will find someone else? Do you know if he is a member of any trade organisation? Have you checked to see if he owes elsewhere or unsatisfied CCJs?

[Putupon]

Thanks everybody for your thoughts.
Amethyst - In answer to your questions;

• I originally invoiced the builder with a cost for the supply and fit of equipment. Then a day before he had agreed to pay me he then wanted my NI and UTR number as well as a break down between labour and materials. I provided this information in an email. After this he then said he couldn’t pay my invoice until it was broken down to show labour and materials as separate items. So I then issued him a credit note for the original invoice and then issued a second invoice laid out as he described. To this I added a admin charge of £50.00. This is because I had already wasted a lot of time on this job and he had plenty of opportunity to tell me how my invoice needed to be laid out. Not on the day he had agreed to pay me. He now refuses to pay the invoice unless the admin charge is taken off.
• The total amount of the invoice is £1600 (aprrox. (inc. VAT) Yes I am VAT registered).

It looks like I might have to cow down and suck it up. As I can not really afford to be without this money as I have a VAT return due and of course it is the beginning of the month.
I could take him to court but there is a chance I could lose, and I can’t really wait for the outcome. Also, and more importantly, if I lose I could end up paying him.

Thanks for all your help.

[ostell]

I think that if you made an offer to remove the £50 then you would still not get paid. I would take the hit and make the offer (without prejudice save as to costs) and demand payment within within 10 days of the delivery of the letter. Inform him that if you have to spend more time on this matter then there will be a an additional charge of £50 for each letter sent.