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Taking unpaid stock back from a customer

  • 10-04-2010 4:28pm
    #1
    pebbles21
    Registered Users, Registered Users 2 Posts: 1,817 ✭✭✭


    Hi all I would appreciate some advice on the legalty of going into a customers store (who owes me 5K worth of stock)and just taking back stock which i wasnt, and never will be paid for?

    He just refuses to pay for it and even laughed in my face when i asked on numerous occasions to be paid for it

    I know i could go down the solicitor route but tbh i think this guy will be out of business soon enough and the time and effort and not too mention the cost would far outweigh what im owed

    Thanks in advance


Comments

  • #2
    jacko1
    Closed Accounts Posts: 357 ✭✭jacko1


    pebbles21 wrote: »
    Hi all I would appreciate some advice on the legalty of going into a customers store (who owes me 5K worth of stock)and just taking back stock which i wasnt, and never will be paid for?

    He just refuses to pay for it and even laughed in my face when i asked on numerous occasions to be paid for it

    I know i could go down the solicitor route but tbh i think this guy will be out of business soon enough and the time and effort and not too mention the cost would far outweigh what im owed

    Thanks in advance

    only if you have a retention of title clause attaching to the goods - most major suppliers use them - quick way to skip the queue of creditors


  • #3
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Unless you have an express 'Retention of Title' clause in your standard terms & conditions then you have absolutely no lawful grounds to take back the goods, as title to them passes upon delivery and you no longer own the goods merely the contractual debt owed to you.

    In any event, even if there was a retention of title clause, you would not legally be entitled to enter onto the premises of the debtor to take back the goods. In fact if you did so, you may well find yourself in legal difficulty by entering onto his premises without consent.

    See a solicitor who will be able to advise you fully on all of your options.


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