What are my rights!!

mr l

I did a job for a guy and he refuses point blank to pay up. I supplied materials and labour for the job. My question is can i enter onto his land to recover the materials i used, or can i become liable for trespassing, plus i have also stated on my biil that all goods remain mine until paid for in full. As far as im concerned i am only retrieving whats mine. Your opinions would be gratefully appreciated. Thank you in advance.

Milsey

I know nothing but I think having writen "goods remain mine untill paid " means nothing at all. No legal entitlement.

Tom Young

The title may well be yours but unless the agreement specifically states that you can enter on to the land, premises then you are effectively trespassing.

_JOE_

Milsey wrote: »

I know nothing but I think having writen "goods remain mine untill paid " means nothing at all. No legal entitlement.

Look up retention of title or Rompula / All sums due clauses...

eagle_&_bear

mr l wrote: »

I did a job for a guy and he refuses point blank to pay up. I supplied materials and labour for the job. My question is can i enter onto his land to recover the materials i used, or can i become liable for trespassing, plus i have also stated on my biil that all goods remain mine until paid for in full. As far as im concerned i am only retrieving whats mine. Your opinions would be gratefully appreciated. Thank you in advance.

Get a solicitor on board. S/He will send him a warning letter to pay within 7 days etc, failure to do so will warrent an application to the District Court for summary judgment.

Ring him/her. Explain that you need to be paid. On the same day send a plain and simple letter, on your letter head demanding payment and set out the work done, the materials bought, attempts to get paid etc and send it by registered post. Then move for a Court Order -he/she is obviously not willing to pay. Don't afford them any more time than is necessary!

may sound harsh but if you have forked out on the money, time and labour, why wait. Fair is fair!

But get a solicitor

Slick50

Perhaps the small claims court could be the place to try, for sums up to 2000 euro. Don't know what you are due. You can get details on-line, and even lodge a claim there if it suits, http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/C9A6DFDC008962218025721B00553F3B?opendocument&l=en I think. Don't think you are entitled to enter property without permission.

slimjimmc

It seems that the Small Claims Court is for consumers buying from a business, the OP is not a consumer in this situation.
From SCC website:

It is a service provided by District Court offices and is designed to handle consumer claims cheaply without involving a solicitor.
To be eligible to use the procedure, you, the "consumer" must have bought the goods or services (or the service) for private use from someone selling them in the course of business.

mr l

Thank you everyone for your input.
I have had a solicitors letter sent to him requesting payment within 7 days, but no reply. My solicitor then sent him a court order via registered post and he refused to sign for it. So i am currently waiting on the judge to issue him with a court order ( via a bailiff i think) Whilst all this has been going on i have been asking around about this guy and there is a list of people as long as my TWO arms of people he owes money to and they can't get any good of him. How are these people left get away with this if they are renowned for it, can they not be black listed and made public to warn off others. Rant over, Mr.L.

eagle_&_bear

Well let him not get away with it on you!!

Not everyone wants to take legal action - and it all depends on the amounts allegedly owed. In any event, look out for your own interests and proceed in the manner upon which you have been advised.

There are other avenues that can be utilised to get your money from him. You just have to go through the smaller motions first before you get into the serious side

Keep the chin up. You're only getting what you are owed. Don't forget to add on statutory interest to the amount owed

Jo King

In England & Wales, if a bill is unpaid after 45 days , it is a criminal offence unless there is justification. The defaulter is charged with the criminal offence under the Theft Act and has to explain to the magistrate why they are not paying up.

eagle_&_bear

Jo King wrote: »

In England & Wales, if a bill is unpaid after 45 days , it is a criminal offence unless there is justification. The defaulter is charged with the criminal offence under the Theft Act and has to explain to the magistrate why they are not paying up.

WOW!!

you learn something new every day! cheers for that Jo King