21 Feb 2013

We can see you!


One of our Solicitor clients regularly acts on behalf of a computer manufacturer, who unfortunately on occasion suffer from attempted fraudulent orders and non payment. Goods are ordered, shipped to a holding address and sold on before payment is made to the manufacturer. The "customer" can then sometimes disappear.
 
On one such instance, involving £400,000 of computers, our client went out to inspect the computers (at 4.30pm), to confirm they had been received and to prompt payment. However the customer refused them access to do an inspection. Smelling a rat, we were asked to provide surveillance operatives almost immediately at the premises and keep an eye on any activity overnight. 

At 6am the goods were being readied for moving and when we advised our client they contacted the MD and told him that, if the goods were moved, a Judge sitting at 10am would not be amused. He capitulated and we collected £250,000 of computers later that day.
 
Out of interest, all was not lost with regard to the remaining £150,000 of computers. We obtained copies of all sales invoices and our client wrote to all of the customers who had not yet paid for their computers and pointed out that under Retention of Title they could only have good title to the equipment if they paid our client. Failure to do so would result in them being liable for conversion. A further £100,000 was recovered as a result.

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