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Discuss Don’t mess with this builder in the Business Related area at ElectriciansForums.net
If goods are not payed for how can that be theft to remove, surely its stealing on the home owner for not paying for the goods.If the builder is a cowboy then hard luck .But all this rubbish in peoples terms about "stuff belongs to us until paid for " is worth zero f's in a court. You cannot remove stuff from a property .Its theft .
Sorry chap, but you're wrong there. Under law it's called 'Title of Goods'. It's fundamentally no different to buying a car on HP - it's not yours until you've paid every last penny of the agreement otherwise the HP firm is entirely valid in towing it away. What you'll find in most T&C's is a clause that states title of goods does not exchange until full payment has been made - in other words if a job is £50 materials and £500 labour then if there's £250 been exchanged the customer can't claim they've paid for the materials and consider the labour only worth £200. CRUCIALLY, though, this HAS to be in your trading terms.If the builder is a cowboy then hard luck .But all this rubbish in peoples terms about "stuff belongs to us until paid for " is worth zero f's in a court. You cannot remove stuff from a property .Its theft .
Not exactly wrong .If the gate is locked you cannot force , you cannot enter a property without consent etc .The police would arrest any trades if they entered a house etc and started to remove items . What happens with a court order is very different .And those that dont like to pay tend to know the law and how to use itSorry chap, but you're wrong there. Under law it's called 'Title of Goods'. It's fundamentally no different to buying a car on HP - it's not yours until you've paid every last penny of the agreement otherwise the HP firm is entirely valid in towing it away. What you'll find in most T&C's is a clause that states title of goods does not exchange until full payment has been made - in other words if a job is £50 materials and £500 labour then if there's £250 been exchanged the customer can't claim they've paid for the materials and consider the labour only worth £200. CRUCIALLY, though, this HAS to be in your trading terms.
What you can't do is cause another offence in enacting retrieval - so trespass, entering, damage etc etc - that's where you'd need a court to appoint baillifs for you. But if for arguments sake it was a pallet of bricks on a drive then absolutely nothing to stop you grabbing it back.
Denial of access etc .He has to enter into/onto private property .Its a messy game .I know someone who got arrested .charged and a criminal record for theft etc due to this many moons ago. Far too many sharks out their .Thats why 3 embassies In london have to pay in full now before any work is carried out at their properties etc .They just got use to thinking they didnt have to pay . At the end of the day . If a guy has done work . the customer is not paying and they are in the customers house .Its going to be a real issue if the trade person wants to start removing stuff or wanting to access the property .In most cases it will never be worth the problems with police etc . Especially if it turn into a fightIf the goods can be removed without causing any further damage then I don’t see any issue with a contractor taking back his supplies.
If the goods / materials can’t be removed without causing damages then let the courts deal with and sue the customer
Reply to Don’t mess with this builder in the Business Related area at ElectriciansForums.net