Problem with Tradesmen

j_smith12345

Hi all,

I'm looking for some guidance.

I used a fencing tradesman, who were the only party I dealt with. They quoted for fence and post installation. 

I paid the money owed as the work was being completed and upon completion of all work which was satisfactory. Money settled in full.

I have since had the tradesmen fencing supplier turn up at my door, informing me that due to the tradesmen not paying them they are looking to recovered goods from my property and will be going to court to do this quickly.

Is this something they will be able to do?
I had no knowledge of where the tradesmen were getting their supplies from & no direct communication until they turned up at my door out of the blue.

Thanks

J

pinkshoes

j_smith12345 said:

Hi all,

I'm looking for some guidance.

I used a fencing tradesman, who were the only party I dealt with. They quoted for fence and post installation. 

I paid the money owed as the work was being completed and upon completion of all work which was satisfactory. Money settled in full.

I have since had the tradesmen fencing supplier turn up at my door, informing me that due to the tradesmen not paying them they are looking to recovered goods from my property and will be going to court to do this quickly.

Is this something they will be able to do?
I had no knowledge of where the tradesmen were getting their supplies from & no direct communication until they turned up at my door out of the blue.

Thanks

J

No. They have no contract with you. You have no contract with them.

You have a contract with the fencing tradesman who supplied and fitted panels for you which you paid for. 

If they take this to court, then don't ignore it. Just turn up (claim your expenses) and make it clear you have no contract with them as above. 

I imagine they're just trying to scare you into paying some money. 

HillStreetBlues

Agree with above.
As not stolen, the fencing supplier has no claim against you.

Aylesbury_Duck

I agree.  The fencing isn't stolen property, you paid for supply and installation and the relationship between installer and supplier is nothing to do with you.

BJV

Oh My God, how horrible! It must of been a shock to have a know at the door like that.

Luckily, as above, you don't need to worry, but equally, you cannot ignore the letters or court dates.

HillStreetBlues

It the supplier contacts you again remind them they just can't take it as that would be a fence under the Theft Act.

j_smith12345

Thanks all.

I asked them yesterday when them came, when they were looking to retrieve goods by? They replied this weekend.

Although I didn't fully know where I stood with this, I responded unless I see a court order they are not to step foot on our property. 

I have rung them again and they are still adamant they will go to court to retrieve goods! Which means they never could have come this weekend.

I have asked them to update me if they get paid or the start court proceedings.

Wyndham

Just throwing this in there... I could be wrong, but....

What proof do you have that the people who knocked on the door are actually connected at all to the people who did the work? They could be chancers who saw you had new fencing, and decided to try it on.

Also, I assume you have let the person who did the work know that this has happened?

born_again

j_smith12345 said:

Hi all,

I'm looking for some guidance.

I used a fencing tradesman, who were the only party I dealt with. They quoted for fence and post installation. 

I paid the money owed as the work was being completed and upon completion of all work which was satisfactory. Money settled in full.

I have since had the tradesmen fencing supplier turn up at my door, informing me that due to the tradesmen not paying them they are looking to recovered goods from my property and will be going to court to do this quickly.

Is this something they will be able to do?
I had no knowledge of where the tradesmen were getting their supplies from & no direct communication until they turned up at my door out of the blue.

Thanks

J

If they turn up to remove anything. Call the police.

ArbitraryRandom

As an outside, the supplier might have a 'Retention of Title' clause in their contract with your builder, but it has to be expressly in the contract, it's not an implied term. Where there is no retention clause, the supplier cannot reclaim any goods supplied and would be classed as an unsecured creditor.

But even if they do, given the goods have been sold on to you, the supplier is entitled to the proceeds of the sale (what you paid to the builder) not the goods. 

So they're right that they need to go to court to get what they're owed, but not against you and not for your fence panels...