Legal question/panic!?

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Maisy

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I have just had some post & rail fencing put up in the fields I rent. I paid company 'A' to supply and erect this fencing....which they have done.....However, I have just had company 'A's supplier (Company 'B') call me and ask for a contact number for said company, as they haven't paid for the timber :-(

I have called the BHS helpline, but no one is available until 4pm, but is there anyone here who knows if Company 'B' can come and rip all my fencing out??? :-S

Thanks in advance if anyone knows the answer!!!
 
I don't know for sure but I would say that Company B has to take it up with Company A and they can't come and take something away that you have paid for. Do you have a receipt?
 
My first thought is tough on Company B for letting Company A take away materials they haven't paid for.
You then dealt in good faith with Company A.

I can't see how you would have any problem otherwise anyone of us could buy anything from a store or anywhere and not realise its not been paid for. For example Heinz baked bean Company wouldn't then come after us for the money they'd go to the shopkeeper ?

At the moment they only want a phone number for Company A so I wouldn't worry tbh.
 
Only concern is - what would happen if Company B had stated on their invoice to Company A "title of goods shall not pass until paid for" or words to that effect. I would put a call into Company B as wel to see what their thinking is. However, being logical it would be a pain for them to rip out your fencing, cost them more money to do so and it has absolutely no impact on Company A PLUS suspect it would be classed as trespassing. Did you pay on your credit card? if so then I would notify the credit card company that there is a problem and ask their advice.
 
Luci07 said:
Only concern is - what would happen if Company B had stated on their invoice to Company A "title of goods shall not pass until paid for" or words to that effect.
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....this is my concern tbh.....

I didn't pay on my credit card. I paid via bank transfer for the timber, as I had to pay before Company A would order it, and I paid cash for the erection of the fence. I have an invoice and can prove that I transfered the money.....:-S
 
I'm no legal expert but I would have thought that your 'contract' would be with company A, which has been honoured and completed. Company B's contract is with Company A, you have no contract with B and so they have no right to claim anything from you and they'd have to pursue A through the courts (if it came to it) to get their money. How did B get your contact details in the first place though? Apart from anything if they ripped up your fencing they couldn't resell the fencing materials anyway, at least not at the same price so I don't see the point in them doing that.
 
Bigginge said:
I'm no legal expert but I would have thought that your 'contract' would be with company A, which has been honoured and completed. Company B's contract is with Company A, you have no contract with B and so they have no right to claim anything from you and they'd have to pursue A through the courts (if it came to it) to get their money. How did B get your contact details in the first place though? Apart from anything if they ripped up your fencing they couldn't resell the fencing materials anyway, at least not at the same price so I don't see the point in them doing that.
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Ditto This
 
They had my phone number because they delivered the timber directly to my yard, and called me to arrange a delivery time.

I have given the phone number of Company A that I have to them, (mobile number), and hopefully that will be it....I don't think I will rest until I hear it from someone 'legal'!!!

Thanks for the replies though....it has put my mind at rest by 50%!!!
 
Bigginge said:
I'm no legal expert but I would have thought that your 'contract' would be with company A, which has been honoured and completed. Company B's contract is with Company A, you have no contract with B and so they have no right to claim anything from you and they'd have to pursue A through the courts (if it came to it) to get their money. How did B get your contact details in the first place though? Apart from anything if they ripped up your fencing they couldn't resell the fencing materials anyway, at least not at the same price so I don't see the point in them doing that.
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I agree with this. How did they come to get hold of your number?? Sounds like Company A was in trouble if they needed the money up front to be able to order..
 
Maisy said:
They had my phone number because they delivered the timber directly to my yard, and called me to arrange a delivery time.

I have given the phone number of Company A that I have to them, (mobile number), and hopefully that will be it....I don't think I will rest until I hear it from someone 'legal'!!!

Thanks for the replies though....it has put my mind at rest by 50%!!!
Click to expand...

Sorry, posted before I read this - that will teach me...!!
 
The BHS helpline called back.....apparently, once materials have been used on site (or fence is erected), the clause about "title of goods" is void....therefore, I am safe, and more importantly, my fencing is safe :-)!!! Phew.....!!

Thanks to all those who replied!
 
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