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?

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?

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