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sole trader won't pay - what can i do?

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  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    connect21 wrote: »
    Oh really, I wasn't aware of that. He told us to keep the truck but we will still be out of pocket but didn't realise the implications - so that changes things slightly now. We wouldn't want to return the machine as we know we would be more out of pocket with no guarantee on any payment. If we went down the 'lien' route, can you advise what is involved at all?

    Afraid you can have one or the other, if you are claiming lien of goods in abstinence of payment that will be coming off the amount owed if it ends up in court, the value will be ascertained at market price.
    You can not keep someone's goods and sue them for not paying a bill for them fixing as well.
    Well you can but if he defends the claim, you better make sure you know the true value of the item as opposed to your trade valuation.

    If you under value the item in the lien, the judge is going to want to know why the cost of repair was allowed to exceed the value and what you did to advise the customer this would be the case.
    I do Contracts, all day every day.
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