What to do

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delarey
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What to do

Postby delarey » Sat Oct 05, 2013 8:21 pm

I am in the process of selling a trike that is in Cullin, but alas the person does not pay the monthly payment that has been agreed IE he has not even payed a cent in 5 months. My question is: Can i cancel the sale. I do not wish to mention names, but i feel that i am being taken for a ride.
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Robbie Shaw
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Re: What to do

Postby Robbie Shaw » Sun Oct 06, 2013 7:04 am

delarey wrote:I am in the process of selling a trike that is in Cullin, but alas the person does not pay the monthly payment that has been agreed IE he has not even payed a cent in 5 months. My question is: Can i cancel the sale. I do not wish to mention names, but i feel that i am being taken for a ride.

Hi Delarey,
To answer your question in Avery simple way and by doing this it is always the best way....
1) did you have a written contract between the two of you ?
If so put in writing to the buyer breach of contract has occurred and the sale is cancelled...
If not take your plan back end of the story..... But get a police case number stating the proceedings
2) Did the buyer change the ownership papers...?
If so you need to get a lawyer ...

Remember to try keep it as simple and uncomplicated as possible...

Good luck ....
Robbie Shaw. (Rhodie)
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Tumbleweed
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Re: What to do

Postby Tumbleweed » Sun Oct 06, 2013 2:26 pm

No lawyers unless last resort. Try not get confrontational and always try keep an open line of comunication.

Encourage him to either settle the outstanding or cancel the sale and go fetch your trike back.
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Robbie Shaw
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Re: What to do

Postby Robbie Shaw » Sun Oct 06, 2013 2:31 pm

Tumbleweed wrote:No lawyers unless last resort. Try not get confrontational and always try keep an open line of comunication.

Encourage him to either settle the outstanding or cancel the sale and go fetch your trike back.
Samething......
Robbie Shaw. (Rhodie)
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JonoHiggs
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Re: What to do

Postby JonoHiggs » Mon Oct 07, 2013 11:54 pm

Hi Delarey

Before you can cancel the sale you must place the debtor in mora (breach).

If you concluded a written agreement, the agreement will usually contain a breach clause which stipulates when a party will be in breach or what you need to do to put the defaulting party into breach, for example if the debtor fails to pay after giving him 7 days written notice of his default. It should also stipulate your remedies (ie. cancelation of the contract). If it does not contain such provisions, the common law will apply.

If you did not sign a contract, you have concluded an oral agreement, and, unless you agreed otherwise, the common law provisions relating to breach will apply. In terms of the common law, if the parties have not agreed on a date on which payment must be made, the aggrieved party must place the defaulting party on terms by sending him a letter of demand requesting payment to be made on a certain date. If the defaulting party does not pay on that date he will then be in breach of contract and the aggrieved party will be entitled to the usual contractual remedies such as cancelation, restitution, damages and specific performance.

You can't just pitch up at his hangar and take the trike. This amount to self help (taking the law into your own hands) and is not looked upon favorably by the courts. You need to follow the terms of the agreement which you entered into, and if you can't settle the dispute amicably, you may need to proceed to court.

This is a civil matter and it's not necessary to open a criminal case because he has not stolen the trike.

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