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  • David Rogers

    November 14, 2008 at 9:34 pm
    quote Peter Dee:

    Gavin, it’s called a “Retention of title clause” and is standard practice to use it on most contracts of sale.
    Whilst it can be challenged it does actually form part of the initial contract when an order is accepted with those terms included.

    In something of far greater value an administrator would have a fight on his hands if trying to make the goods part of the assets of a company if the contract was worded as such.
    That’s why you will see it in so many terms and conditions of sale (small print).

    It’s better that having done nothing.

    To the very best of my knowledge: (Happy if wrong as it means getting goods back more legally!)

    possession may well be 9/10th of the law…but not in a court of law.

    Removing ANY signage (or goods for that matter) that are AFFIXED to something that is NOT your property is considered ‘defacement of private property’.

    It can 100% legally be removed with their consent IF and only if you serve notice of your intention to begin recovery of your goods beforehand to allow them a ‘last chance’ to pay for them and claim the ownership title.

    eg. John Cooper’s P.C’s were not ATTACHED to the building – and although he had a clause of ownership – it ONLY applied to the person HE invoiced. That’s how invoices work…only the person being billed is liable to pay for them.
    Once a company is in receivership and the assets have been taken the LIQUIDATORS / ADMINISTRATORS LEGALLY own everything belonging to or in possession of that business (even if the person / company had simply signed for delivery of goods)…whether they had paid for it yet or not. ‘Tis just the way it is.

    For example – you buy a new TV from a local shop and they’ve gone bust owing SONY £30k…SONY CANNOT come to your house and take their goods back as the title has been transferred EVEN IF THE SHOP HASN’T PAID FOR THEM…same principal for the liquidators title is transferred..they OWN the business. You can negotiate with them, especially for high value goods…or be sneaky & just take them!

    Retention of title is something I put onto our new job sheets / delivery notes / invoices. Works great in all cases except bankruptcy, administration, receivership or goods being sold on (transfer of title).

    I know of several companies that were stung BIG style when national company given HUGE credit lines and incentives, got themselves into financial difficulties and kept buying stock & getting work done…and not paying their rent. They were put under administration & bought out within weeks. Will I ever see my £3k…nope…and I couldn’t reclaim my goods without consent as they had been sold on by the administrators to a third party.

    Sometimes it’s better for the soul to let it go and concentrate on MAKING money rather than wasting money (time) trying to get what is lost. If the value doesn’t jeopardise your livelyhood….move on.