removing materials from a property

[NiteW4tcher]

> bloody people

i intennd to go to a property to remove my materials due to non payment of work completed

can someone tell me if i have to have the police with me to do so?

thanks

Dan

[Squashed_Fly]

You're better off asking the police that one...

[DaytonaDog]

The Police may attend solely to prevent a breach of the peace, they will not get involve in whether you have the legal authority to take back your property, as this appears to be a civil matter as opposed to a criminal matter. I suggest contacting the duty sergeant from your local police station who can discuss in greater detail.

[470four]

If they havnt paid you then the materials are yours! Does this involve picking something up (ie tools) or unbuilding something that has already been built?

[470four]

Always helps to have a few mates with you in these circumstances...

[NiteW4tcher]

it involves removing a length of pipe and a tap....but its a nursing home and if i remove the tap they will have no water supply to the home........

being a nursing home i do have morals and i dont want to do this but im stuck between a rock and a hard place.

i need my money yet i dont want to cause stress to elderly people :-/

[Squashed_Fly]

Then you need to pursue your debt through the civil courts. You must send them at least 2 letters first, then a 3rd with your legal intention of suing them.

Bear in mind, you can recover your court costs, but not solicitors fees (otherwise everyone would hire the best and most expensive solicitors!) so you need to decide if the debt is worth it.

Or you can let a debt recovery company buy the debt from you at a reduced rate, and they chase it it for you?

[470four]

Why are they not paying?

Needless to say if you did remove / block the tap then they would HAVE to pay up...

[Snowy]

Professional guidance would always be better than internet forum responses so I would advise getting some. You can always start off with the Citizens Advice Bureau.

You have not posted up why they are not paying - have you fulfilled the terms of the contract or your quotation for the work? Have you supplied a correct invoice to them? If you remove your work and the home has no mains water will you be altering any pipework services that are the water boards responsibility?

[Squashed_Fly]

Sadly, 3 years working in the debt recovery industry has taught me that, more often than not, you are on the back foot being the person that has the money owed to them, and you have to jump through many hoops to get your money back legally.

You can not just walk in and remove the items. Care home or not. You would need a court order to allow it, just as a bailiff would to remove unpaid for items. Your only hope is to pursue it through the courts and if/when a CCJ is given to them, and they STILL don't pay, then bailiff services can be invoked.

Rather than patronise you, I'm going to assume you have done what you are supposed to do, however Snowy is right - check the fine detail with a solicitor/CAB. But be prepared for a fight. If it's less than £300-400, you might decide it's not worth the time and money and notch it up to experience. If it's 'proper money' then it's worth fighting it properly because if you do anything deemed illegal in your collection activity, then the courts can straight away side with the debtor.

If you have any questions, happy to answer a PM. After 3 years doing it I wanted to slit my wrists!

Best of luck - it's hard work getting your money back legally but ultimately satisfying when you do.