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Retention of Title Claims
Retention of title claims can be a source of much confusion and distress. However, the Blackstone Solicitors team is well versed in dealing with such claims and is here to guide you through the process, ensuring it remains as simple and straightforward as possible, giving you the best chance of securing the outcome you are after.
It could not be easier to speak to a member of the team about your situation. Simply give us a call on 0161 929 0121 today. If it is more convenient, you can also fill in our online enquiry form, which will allow us to contact you as soon as we can.
What is retention of title?
The subject of retention of title (or reservation of title) has created much discussion and misunderstanding. It is, however, a very simple concept whereby a supplier of goods attempts to protect itself against non-payment by retaining ownership of the goods until payment is received.
A properly drafted retention of title clause in a company’s trading terms means that the business can take back the goods it has supplied should it not be paid in full by those taking delivery of them. Making a successful retention of title claim, however, requires that:
- You can prove the buyer accepted your terms of trade
- You can identify your own goods
Unless otherwise agreed in the contract, title to goods passes on delivery and the onus is, therefore, on the supplier to incorporate other terms. However, it must be noted that the intention as to when title will pass must be agreed, or be deemed to be agreed, by both parties, and not just the supplier.
Although the courts have taken the view that retention of title conditions are now commonplace and may not require specific treatment, it is advisable for a supplier to ensure that a customer is aware of all of the relevant conditions, especially if they are out of the ordinary.
Subject to any contrary conditions, a supplier that has entered into an agreement to sell, but has retained title to the goods until payment is made, is entitled to recover its goods if the customer is unwilling or unable to make payment. However, if the goods are no longer identifiable this may not apply. We would be happy to advise you on whether you can recover your unpaid goods.
To ensure your claim runs smoothly and remains as hassle-free as possible, get in touch with the expert team at Blackstone today. You can either call us on 0161 929 0121 or leave your details via our online contact form and we will get back to you. We take on claims from residents in Manchester, London, Chester and Cheshire, as well as from across the rest of the UK and abroad.