What to Do if the Customer Does Not Pay?

stargate2 · 12-11-2013, 12:03 PM

I sold about 100 pcs of powerbank charger to a company . I had 50% deposit
and still trying to get the remaining 50% payment. The customer has been giving excuses like boss not around to sign cheque, etc.. Then when then send a cheque it was bounced.

Do you have any experiences or any advise?

Pushcart_lover · 12-11-2013, 01:58 PM

Do a small claims.

http://app2.subcourts.gov.sg/sct/index.aspx/

justin · 12-11-2013, 09:29 PM

Just wondering if Small Claims Tribunal would entertain such a case since the party seeking redress here is the seller and not the buyer?

Non-payment is a clear breach of contract and in all probability is covered by the Sale of Goods Act. Any legal experts here?

Perhaps reporting to the police is a better option. They may direct your case to Commercials Affairs Department (CAD), I am guessing.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS

Cheers

stargate2 · 13-11-2013, 09:34 AM

Thanks. I wonder do I have a case, considering I am not a registered company and there is no purchase order? All I got a some exchange of emails?

justin · 13-11-2013, 11:58 PM

A contract need not necessarily be in a formal form like a signed legal document bearing signatures. Email exchanges can constitute a form of contract if the intent of both parties to transact can be established clearly.

In the same vein, purchase orders and invoices are not prerequisites for the existence of a contract.

As for non-registration of business, that's between you and ACRA.

The point of law is: should non-registration of a business render a contract void and unenforceable? You may want to seek legal advice.

Cheers

niceprice · 14-11-2013, 02:05 AM

I am not sure what will actually happen.

But acra will fine people if they are selling for a profit.

Any paper contract?

PingZC · 14-11-2013, 09:45 AM

Small Claims Tribunal is useless!

I have tried 2 times and both times party never even turn up and the Small Claims can't do anything. In the end still have to engage lawyer to settle in court if you want to which is not worth the $ as they weren't too big an amount.

You can try to engage debt collectors or get the owners'/directors' details of the company through bizfile and go up to their doorstep to chase.

alanchow76 · 11-03-2014, 11:21 AM

Quote:

Originally Posted by PingZC

Small Claims Tribunal is useless!

I have tried 2 times and both times party never even turn up and the Small Claims can't do anything. In the end still have to engage lawyer to settle in court if you want to which is not worth the $ as they weren't too big an amount.

You can try to engage debt collectors or get the owners'/directors' details of the company through bizfile and go up to their doorstep to chase.

STOMP?
my posts usually go up to STOMP
Might help in a certain way if the usual legal
channel doesnt improve your situation

meinteel · 11-03-2014, 12:47 PM

Call up their office regarding the bounced cheque and give them 7 days to make the necessarily payments. Follow up by email & request for acknowledgment. Let them know that you will make legal recourse if non-payment is made.

If payment is still not being made after 7 days, post out a letter of demand. Follow up with a call & email.

Given lack of response, make your claims to the Small Claims. Small claims usually can sort stuff out. Else, you can engage the legal "loan sharks". They will pursue the sum for you but will take between 20%-50% of the amount to be pursued.

12-11-2013, 12:03 PM	#1
stargate2 Junior Member Join Date: Nov 2013 Location: tampines Posts: 2 My Reputation: Points: 10/ Rep Power: 0	What to Do if the Customer Does Not Pay? I sold about 100 pcs of powerbank charger to a company . I had 50% deposit and still trying to get the remaining 50% payment. The customer has been giving excuses like boss not around to sign cheque, etc.. Then when then send a cheque it was bounced. Do you have any experiences or any advise?

12-11-2013, 01:58 PM	#2
Pushcart_lover Member Join Date: May 2013 Location: BISHAN Posts: 11 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Not Paying Do a small claims. http://app2.subcourts.gov.sg/sct/index.aspx/

12-11-2013, 09:29 PM	#3
justin Junior Member Join Date: Aug 2011 Location: CBD Posts: 5 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Not Paying Just wondering if Small Claims Tribunal would entertain such a case since the party seeking redress here is the seller and not the buyer? Non-payment is a clear breach of contract and in all probability is covered by the Sale of Goods Act. Any legal experts here? Perhaps reporting to the police is a better option. They may direct your case to Commercials Affairs Department (CAD), I am guessing. RIGHTS OF UNPAID SELLER AGAINST THE GOODS Cheers

13-11-2013, 09:34 AM	#4
stargate2 Junior Member Join Date: Nov 2013 Location: tampines Posts: 2 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Not Paying Thanks. I wonder do I have a case, considering I am not a registered company and there is no purchase order? All I got a some exchange of emails?

13-11-2013, 11:58 PM	#5
justin Junior Member Join Date: Aug 2011 Location: CBD Posts: 5 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Does Not Pay A contract need not necessarily be in a formal form like a signed legal document bearing signatures. Email exchanges can constitute a form of contract if the intent of both parties to transact can be established clearly. In the same vein, purchase orders and invoices are not prerequisites for the existence of a contract. As for non-registration of business, that's between you and ACRA. The point of law is: should non-registration of a business render a contract void and unenforceable? You may want to seek legal advice. Cheers

14-11-2013, 02:05 AM	#6
niceprice Member Join Date: Aug 2013 Location: Singapore Posts: 20 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Does Not Pay? I am not sure what will actually happen. But acra will fine people if they are selling for a profit. Any paper contract?

14-11-2013, 09:45 AM	#7
PingZC Member Join Date: Jun 2013 Location: North Posts: 17 My Reputation: Points: 10/ Rep Power: 0	Re: What to Do if the Customer Does Not Pay? Small Claims Tribunal is useless! I have tried 2 times and both times party never even turn up and the Small Claims can't do anything. In the end still have to engage lawyer to settle in court if you want to which is not worth the $ as they weren't too big an amount. You can try to engage debt collectors or get the owners'/directors' details of the company through bizfile and go up to their doorstep to chase.

11-03-2014, 12:47 PM	#9
meinteel Senior Member Join Date: Apr 2011 Location: Farrer Park Posts: 181 My Reputation: Points: 10/ Rep Power: 14	Re: What to Do if the Customer Does Not Pay? Call up their office regarding the bounced cheque and give them 7 days to make the necessarily payments. Follow up by email & request for acknowledgment. Let them know that you will make legal recourse if non-payment is made. If payment is still not being made after 7 days, post out a letter of demand. Follow up with a call & email. Given lack of response, make your claims to the Small Claims. Small claims usually can sort stuff out. Else, you can engage the legal "loan sharks". They will pursue the sum for you but will take between 20%-50% of the amount to be pursued.

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