Can i legally sell a machine if its owner cannot pay what is owed?

[Doug]

Has anyone else had this issue? I have a machine that I worked on and it owes me money. Over a year ago now, the owner said he would come and collect it, and didnt. Since then there have been two or three instances where he was going to settle and collect it and has not, but, after some wrangling, he has paid half the debt.
He now says he doesn't have the money, which is fair enough in these difficult times but if he didnt settle in the better times, I fear this is a lost cause.
The current collection is due at the end of this month, as per his last communication. I asked when he gave this date, for a weeks notice so that I can get it set up for him playing a few games, inspecting, it, etc and then taking it away. I have not heard a thing

So, if I were to give, say another 14 days notice to settle and collect, or, I reserve the right to sell and recover my costs. To be fair, I have suggested this before he paid half and he wasnt keen, hence his payment. I also said at the time, that I would be happy to advertise it on the likes of Ebay so that he could see the actually sale price, then deduct their fees, take what's owed and split any money over, by 50 %. I'm still agreeable to do this as I dont want to make it any harder than it is. Thoughts, is that fair and reasonable?

 

[ian866]

Do you have anything prior to this in writing when you accepted the pin for repair stating that costs would be recovered if the invoice wasn't paid ?

If not, you need to make a formal approach detailing what and how you need to recover the time you have invested in the work.

What's the game / value, how much does he owe ?

 

[Happypin]

I’m sure your in your rights to sell it, but!!! you can only take out what is owed to you, the rest of the money must be sent to the owner.

 

[Pop Bumper Pete]

Can you send a registered letter?
Send a registered letter to him stating that he owes $XXX, and must pay within 30 days or game will be sold

I am not a lawyer, and probably talking out my rear

 

[Wayne J]

I would say you're not entitled to sell it, and you should be seeking to get the money owed via a small claims court.

The upshot it he owes you money - I do not see how that gives you the right to sell his property, and then take 50% of whatever 'profit' there is after the debt is settled.

 

[Doug]

Thanks for the replies, Gents.
I have written to the chap and hope to get this amicably resolved.

 

[Buddinblack]

Yes you can sell it. How much you wanting for it?

 

[steve brum]

MANY of us will have chucked money at a lost cause and then had a reality check and just sold a game to hopefully break even.

the guy obviously wants to keep the game hence the part payment but has to be realistic. If he cant cover the repair by any other means than by selling the machine then he has only that option

 

[JWG9999]

Citizen's Advice Bureau can give legal advice in these sorts of cases and they're free.

I have used them before in minor disputes and they're good, they know their stuff, but I haven't used them in years so I don't know about now.

 

[AlanJ]

threaten to sell it to recoup your costs, hopefully he then pays up and collects. if not get him to agree in writing that you can sell it and deduct your debt before sending him the net proceeds.

 

[Paul]

Citizen's Advice Bureau can give legal advice in these sorts of cases and they're free.

I have used them before in minor disputes and they're good, they know their stuff, but I haven't used them in years so I don't know about now.

^^ This

 

[Pick Holder]

I have been thru this twice
As long as you have proof you have notified them over a few months then you can

say repair is £500. Game is worth say £2k

Sell the game
Take £500
Take a daily storage charge (I said £20 a day)
Anything left you have to offer to send to the owner.
You also must send him email or letter saying ‘you have 14 days to pay - or I will well’

My solicitor friend advised this

 

[paulg100]

Citizen's Advice Bureau can give legal advice in these sorts of cases and they're free.

I have used them before in minor disputes and they're good, they know their stuff, but I haven't used them in years so I don't know about now.

Youll probably be getting advice from a call centre in india these days.

 

[Happypin]

I have been thru this twice
As long as you have proof you have notified them over a few months then you can

say repair is £500. Game is worth say £2k

Sell the game
Take £500
Take a daily storage charge (I said £20 a day)
Anything left you have to offer to send to the owner.
You also must send him email or letter saying ‘you have 14 days to pay - or I will well’

My solicitor friend advised this

In my tv and video repair days, 20 years ago now, items left In my workspace was a weekly problem. If I never acted to keep my workshop clear of uncollected items I wouldn’t of been able to function from the lack of space.
If the item had any value then as Pick-holder said above would take place, the item would be sold and the customer given notice of this, giving them a final chance to collect before it was sold. If the item wasn’t working because the customer didn’t want it repaired but chose to dump it with me, I would then deliver their item back for free leaving it on the doorstep, that act always put a smile on my face.

 

[Doug]

Thanks for your comments everyone. As I've said, I've formally written to him and fingers crossed, it works out ok.

I hadn't considered some of things mentioned above so were this to have to go to a small claims court, then I could perhaps include storage, insurance, etc. We shall see.

 

[MajesticPinball]

I will never understand this, I've had customers nag and nag endlessly demanding updates daily on any progress on their machine, even after explaining that I'm not at the workshop every day due to call-outs and even when I am at the workshop I generally have 5-7 games there at a time so there isn't always daily progress... Drives me NUTS! But the best part is it's always these people that drag their heels paying and collecting the machine and I've never come up with an effective solution to this. I used to have a workshop booking form which was a bit OTT outlining that customers had 1 week for the completion date to collect the machine otherwise storage costs would be incurred but nobody seemed to care even then.

By the sounds of it there are some very clued up people chiming in which regards to what you can legally do, sorry you're having to go through all this agg with somebody

 

[JAG555]

Firstly, sorry to hear this, I know I have spoken to @MajesticPinball about him having the same problem and it must be frustrating.

However, I would take proper legal advice before doing anything. Maybe update your Terms and Conditions at the same time.

I am sure everyone on here is trying to help, but unless they are a lawyer and knowledgeable in this area, I would take anything said with a pitch of salt and potential not the proper legal route.

Good Luck!

 

[JT.]

Firstly, sorry to hear this, I know I have spoken to @MajesticPinball about him having the same problem and it must be frustrating.

However, I would take proper legal advice before doing anything. Maybe update your Terms and Conditions at the same time.

I am sure everyone on here is trying to help, but unless they are a lawyer and knowledgeable in this area, I would take anything said with a pitch of salt and potential not the proper legal route.

Good Luck!

This is defo the best advice. I don't know what the legal situation is, but my guess would have been the opposite of what many others are guessing, so definitely worth getting proper legal advice - in writing.

 

[s000m]

Don't sell it. Return the machine back in the condition it was received. Document and record all conversations. Settle in the small claims court.

 

[Doug]

This is defo the best advice. I don't know what the legal situation is, but my guess would have been the opposite of what many others are guessing, so definitely worth getting proper legal advice - in writing.

Thanks guys.

 

[McFly88]

100% get some legal advice.

I personally wouldn't touch Citizens Advice with a barge pole. They bumped my company and another company by doing something similar to this.

 

[AlanJ]

Covered by "Torts (Interference with Goods) Act 1977"
this explains what needs to be done; see section 12 - uncollected goods.

Torts (Interference with Goods) Act 1977

An Act to amend the law concerning conversion and other torts affecting goods.

www.legislation.gov.uk

In a nutshell - write giving notice under parts I and parts II (in the section titled "Schedule") and then sell the thing after the notice period and send him the balance less cost of repair.