Some unpaid materials are installed and others are still loose on site
Separate physical status of unpaid materials for rights assessment rather than assuming all supplied goods can be collected.
Corporate Recovery Partners
01 / 06
One invoice covers goods in different conditions
Imagine a supplier's unpaid delivery includes panels already installed, cut pieces in a workshop area and unopened stock at a site controlled by a liquidator. The supplier asks for the whole invoice quantity back. Start by identifying the different physical states. A single invoice does not establish that every item can be located, removed or treated in the same way.
PPSR guidance explains the role of retention-of-title arrangements and registration in protecting supplied goods. Give your adviser the actual terms and registration records alongside the item information. Do not assume invoice wording alone permits removal. The effect of installation, alteration or combination with other property needs specialist advice on the particular goods and circumstances.
Record what remains loose, what has been altered and what appears installed, with quantities and supporting references where available. Mark uncertain items. In the hypothetical example, an old delivery photograph shows panels arriving but cannot prove which ones were later installed. Use it for what it shows, and identify the further information needed instead of inferring a complete history.
Where removal is being considered, identify access, condition and possible effects on other work. Ask qualified technical people and the legal adviser what assessment is needed. Do not test removal yourself to find out whether it is easy. Even an apparently simple collection may involve another party's rights, site controls or safety requirements that need to be addressed first.
Send the relevant schedule through verified channels, following the requested claims process. Explain that the categories are factual descriptions rather than conclusions about entitlement. Ask for clarification where site information differs from your records. Avoid demanding a substitute quantity of similar goods simply because the original items cannot currently be identified or are no longer in their delivered form.
Record what is confirmed, disputed or still under review, and seek advice on how any recovery affects the creditor claim. CRP can help organise the documents and commercial impact. The next decision should be based on identifiable items, their actual state and assessed rights, rather than the assumption that everything on an unpaid invoice is still recoverable as the original material.
