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?

Re: What to Do if the Customer Not Paying
 

Do a small claims.

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

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

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?

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

Re: What to Do if the Customer Does Not Pay?
 

im not sure what will actually happen.

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

Any paper contract?

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.

Re: What to Do if the Customer Does Not Pay?
 

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

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.