It's tempting when someone hasn't paid: "Those are my goods. I'll just go and take them back." But in almost all cases, no, you can't legally do this.
Once you've delivered goods, ownership usually transfers to the buyer, even if they haven't paid. That means you have a debt to recover, not goods to repossess.
Why you can't just take goods back
If you enter someone's property without permission to take goods (even goods you sold them), you could be charged with:
- Theft (up to 7 years in prison)
- Burglary (up to 10 years)
- Trespass (they can sue you)
- Criminal damage (if you break anything getting in)
Yes, even if the goods were originally yours. The law doesn't care. Once delivered, they legally own them until a court says otherwise.
When you can repossess goods (legally)
There are only a few situations where repossession is lawful:
1. You have a retention of title clause This is a term in your contract that says ownership stays with you until full payment is received. Even then, you can't enter their property without permission: you need their agreement or a court order.
2. They give written permission If the debtor voluntarily agrees to return the goods, get it in writing. A verbal agreement isn't enough if things go wrong.
3. It's a hire purchase agreement If you own the goods until the final payment (like a finance deal), you still need to follow strict legal procedures to repossess. You can't just turn up and take them.
4. You have a court order If a court grants you the right to repossess, you can use bailiffs who have legal authority to enter and seize goods.
What to do instead: The legal route
Instead of trying to take goods back, pursue the debt through the proper legal process:
- Send payment reminders (most people pay after a nudge)
- Issue a Letter Before Action (formal legal warning)
- File a small claims court claim (usually takes 4-6 months)
- Get a County Court Judgment (CCJ) (court orders them to pay)
- Use High Court Enforcement Officers (bailiffs) (they have legal authority to seize goods and sell them to recover your money)
This route is:
- Legal (no risk of criminal charges)
- Documented (everything is on record)
- Enforceable (courts and bailiffs have real power)
- Safe (no confrontation or physical risk)
How Garfield helps
Garfield handles the entire debt recovery process for you, from sending reminders to filing court claims and enforcing judgments. It's professional, legal, and much safer than trying to repossess goods yourself.
You get your money back without the risk of ending up in court yourself (as the defendant).