Signatory not recognised

Discussion in 'Legal' started by Robin Hewitt, May 22, 2020 at 2:26 PM.

  1. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    Got this from my debt collector...

    "Limited has failed to make payment despite our efforts. Ms G maintains they will not pay because they do not recognise the signatory when goods were delivered to and signed for on their premises. The only course of action remaining is to issue a Claim in the County Court".

    UPS delivered, someone signed for it as "Smith", they say, "No Smith here". I go down £1400 or throw another £1400 away on solicitor fees?

    Bummer.
     
    Posted: May 22, 2020 at 2:26 PM By: Robin Hewitt Member since: Mar 15, 2013
    #1
  2. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    Why were you using UPS to deliver a £1400 consignment ?
    If UPS have delivered it to the wrong place then it is for them to get the consignment back
     
    Posted: May 23, 2020 at 5:02 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #2
  3. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    I have found UPS very re;iable. UPS delivered it to the right address, the claim is that the "Smith" who signed for it was not employed there. I think this falls in to the realm of any excuse to make it expensive.
     
    Posted: May 23, 2020 at 8:38 AM By: Robin Hewitt Member since: Mar 15, 2013
    #3
  4. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    Your claim is against UPS for non delivery and you need to request that the item is returned or an insurance claim is made

    An item of high value will always be at risk with the overnight carriers
     
    Posted: May 23, 2020 at 9:11 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #4
  5. Mr D

    Mr D UKBF Legend Free Member

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    Been a while since last had a delivery by UPS.
    However other couriers these days often take a photo of the goods at the delivery address - for much lower value orders.
    Will UPS be doing similar to prove delivery?
     
    Posted: May 23, 2020 at 9:33 AM By: Mr D Member since: Feb 12, 2017
    #5
  6. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    Its a good idea but this policy is in place for the lockdown /virus
    We have stopped taking signatures and now take a picture if we need to
     
    Posted: May 23, 2020 at 9:37 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #6
  7. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    There is no way I am going to blame UPS for what this scumbag does. He is only gettig away with it because I have discontinued the product he wants, can't get the parts. I shall make a new product then wait for his call.
     
    Posted: May 23, 2020 at 2:01 PM By: Robin Hewitt Member since: Mar 15, 2013
    #7
  8. Mr D

    Mr D UKBF Legend Free Member

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    Surely you would claim on the insurance with UPS? Either they delivered the item as contracted or they didn't - going to the wrong address isn't common but it does happen.
     
    Posted: May 23, 2020 at 2:18 PM By: Mr D Member since: Feb 12, 2017
    #8
  9. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    UPS delivered fine and dandy, but when asked for the signatory name the recipient replied, "Smith". Apparently this means they don't have to pay because Reggie Kray Debt Collectors Inc. ceased trading and everything else is futile.
     
    Posted: May 24, 2020 at 1:31 AM By: Robin Hewitt Member since: Mar 15, 2013
    #9
  10. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    So if the customer has gone bust then would not be liable for your invoice anyway
     
    Posted: May 24, 2020 at 6:03 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #10
  11. Mr D

    Mr D UKBF Legend Free Member

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    Ceasing trading does not remove the debt. Means a lot less likely to get paid in full.
     
    Posted: May 24, 2020 at 9:03 AM By: Mr D Member since: Feb 12, 2017
    #11
  12. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    In my experience, when they go bust there is much prevarication which ends the moment the liquidators fee equals the value of the company carcase.
     
    Posted: May 24, 2020 at 10:46 AM By: Robin Hewitt Member since: Mar 15, 2013
    #12
  13. Mr D

    Mr D UKBF Legend Free Member

    21,924 2,574
    Having had a company go under, paying the debts simply was not possible no matter how much creditors demanded it. Mine got not a penny.
     
    Posted: May 24, 2020 at 12:42 PM By: Mr D Member since: Feb 12, 2017
    #13
  14. STDFR33

    STDFR33 UKBF Big Shot Free Member

    4,298 1,121
    MCOL.

    Inexpensive and a simple process. Follow preaction protocol. If not paid, make a claim. No need to fork out for a solicitor.
     
    Posted: May 24, 2020 at 1:28 PM By: STDFR33 Member since: Aug 7, 2016
    #14
  15. Robin Hewitt

    Robin Hewitt UKBF Contributor Free Member

    32 3
    I like inexpensive and simple, tell me more...
     
    Posted: May 26, 2020 at 1:03 AM By: Robin Hewitt Member since: Mar 15, 2013
    #15
  16. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

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    I don't get it the company has gone bust ! Why would you take them to court ?
    Your are throwing good money after bad You are not going to get paid
     
    Posted: May 26, 2020 at 5:33 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #16