Company refusing to release goods

db3582

I have thousands of bricks, paid for in full (by bank transfer) over 4 months ago, stored at my supplier's yard. They were asked to also supply windows but, having missed three deadlines, I provided them with a final ultimatum. Within 24 hours they stated that they no longer wanted to fulfil my requirement yet consider that I owe them for a small amount of work and some components for these windows but they have not yet issued an invoice. They are now refusing to release my bricks until they have issued an invoice for this other matter and I have settled this. My question therefore is can a company withhold provision of goods that have long been paid for, in lieu of a yet-to-be issued invoice for completely different goods or services? Thanks.

neilmcl

I suggest you speak to a solicitor.

powerful_Rogue

Sounds like a lien.

wealdroam

db3582 wrote: »

I have thousands of bricks, paid for in full (by bank transfer) over 4 months ago, stored at my supplier's yard. They were asked to also supply windows but, having missed three deadlines, I provided them with a final ultimatum. Within 24 hours they stated that they no longer wanted to fulfil my requirement yet consider that I owe them for a small amount of work and some components for these windows but they have not yet issued an invoice. They are now refusing to release my bricks until they have issued an invoice for this other matter and I have settled this. My question therefore is can a company withhold provision of goods that have long been paid for, in lieu of a yet-to-be issued invoice for completely different goods or services? Thanks.

Is this a business to business arrangement or did you make these purchases as a consumer?

db3582

As a consumer. Thanks.

steampowered

They can only legally prevent you from collecting your bricks if they gave you a set of T&Cs when you placed your order, and their T&Cs contain a clause allowing them to do that.

Otherwise, you paid for the bricks so they are yours and you are entitled to collect them. It doesn't matter whether you owe money for something else or not.

If you are not fussed about doing business with this supplier in future, a nice way of dealing with things like this is to complete a draft court claim form claiming the price of the bricks because they won't let you collect them (http://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdf) and email it to them. Tell them that a court claim will be issued if the bricks are not released immediately. It only takes 5 minutes to do. If they refuse, you then lodge a claim through the 'moneyclaimonline' website.

powerful_Rogue

steampowered wrote: »

They can only legally prevent you from collecting your bricks if they gave you a set of T&Cs when you placed your order, and their T&Cs contain a clause allowing them to do that.

Otherwise, you paid for the bricks so they are yours and you are entitled to collect them. It doesn't matter whether you owe money for something else or not.

If you are not fussed about doing business with this supplier in future, a nice way of dealing with things like this is to complete a draft court claim form claiming the price of the bricks because they won't let you collect them (http://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdf) and email it to them. Tell them that a court claim will be issued if the bricks are not released immediately. It only takes 5 minutes to do. If they refuse, you then lodge a claim through the 'moneyclaimonline' website.

Not strictly true. Look up lien.

George_Michael

powerful_Rogue wrote: »

Not strictly true. Look up lien.

I thought that a lien could only be placed on goods for which a debt is owed and not other goods.
If you take your car to a garage and don't pay the bill then the garage owner can hold that car (lien) until the debt is paid but unless they get a court order, I didn't think that they could rightfully seize other goods that have been fully paid for.

Then again, I may well be totally wrong here.

steampowered

powerful_Rogue wrote: »

Not strictly true. Look up lien.

They'd only have a lien if there is a lien in their T&Cs.

Marktheshark

For a lien (common law) there has to be some attachment to the goods.
A garage will have parts installed, a carpet fitter may have paid for the carpet.

It is a claim of joint ownership of the item.

Where the sum is paid in full, the ownership is not in question.
By refusing to supply the item paid for they are in breech of contract.

Issue a letter before action.

db3582

Thanks to all contributors so far. So, no Ts&Cs were agreed at the time of purchase of the bricks. The company simply agreed to store them until I needed them, which incidentally is not until next year. (When the supplier decided not to fulfil my windows order, I was ordered to remove the bricks from their yard and, when I arranged the same, they decided to block their removal for the reasons I stated in my OP).


Having looked up lien (thanks powerful_Rogue) there are many different types, some which relate directly to the goods in questions, others more wide-ranging. What I haven't established is under what circumstances and by whose authority can a lien be invoked and how is it determined which type of lien is in force.


As stated, I haven't yet been invoiced for whatever the company consider I owe them for the goods they have declined to fulfil, so one could argue there actually is no debt currently. In any event, it may be that I disagree with any invoice to be received for goods not fulfilled which, I guess, is the potential source of the supplier's current stance.