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  • Dave Bayes

    April 25, 2007 at 8:40 pm

    Hi Martin

    Sorry to hear about your predicament – nothing winds me up more than bad payers.

    Much of the thread seems to be about retention of title, ie owning the goods until they’ve been paid for in full. Whilst it is common for many businesses to have words on their invoices to the effect that the goods remain their property until paid for in full, these words alone are unlikely to afford you the protection required. I’m not a lawyer and its a while since I studied some law, but I ‘m sure the authority for this area of the law is covered by what is known as the "Romalpa" case . Don’t want to sound like an anorak, but for those interested it was a case heard in 1976 ,between a manufacturing company and an aluminium supplier called Romalpa. The manufacturing Co couldn’t pay and Romalpa wanted to get their gear back. It was held that this could be possible, but the supplier has to meet other conditions, such as forwarning the customer in your terms and conditions that you will enter their premises to get your goods back, amongst others.

    If anyone wants to strengthen their rights in this area, just Google, Romalpa case and there is plenty of easy reading setting out what you should have in your terms and conditions to cover yourself.

    Frankly, Martin, i’d be down the club early taking the sign back. Can’t see the Police being too interested even if the guy caught you.