Retention of Title (RoT)
Reclaim your goods, enforce your rights
When you supply goods on credit, there’s always a risk that customers fail to pay or become insolvent. If your contracts include a Retention of Title (RoT) clause, you have the legal right to reclaim your goods – but enforcing this right can be challenging without professional support.
What is Retention of Title?
A Retention of Title (RoT) clause is a contractual agreement stating that the ownership of goods remains with the supplier until full payment is received. This means that if a customer fails to pay or goes insolvent, you have the right to reclaim your goods – but enforcing this right requires expert handling.
Common Reasons for Retention of Title
Protect Your Business from Unpaid Debts
When customers fail to pay, your business suffers. A Retention of Title ensures you retain ownership of your goods until full payment is received. If a client defaults, you can legally reclaim your assets – minimising financial losses.
Prevent Asset Loss in Insolvency Cases
If a customer goes bankrupt or enters liquidation, their assets may be seized to pay off creditors. However, with a valid RoT clause, your goods do not legally belong to them – allowing you to claim them back before they are sold or lost.
Strengthen Your Position in Commercial Disputes
Disputes over payments can delay recovery, but an enforceable Retention of Title clause gives you leverage. By legally proving ownership, you can pressure debtors to return goods, negotiate settlements, or take court action with a strong legal foundation.
Our Retention of Title Recovery Process
Case Assessment
We review your sales contract to ensure the Retention of Title clause is enforceable under UK law.
Contacting the Debtor
We formally notify the debtor of your right to reclaim goods and demand payment or return of assets.
Negotiation & Resolution
If possible, we arrange for immediate collection of goods or negotiate a repayment agreement.
Enforcement & Recovery
If the debtor refuses to comply, we escalate the case through legal channels, seeking court orders or enforcement action to recover your goods.
Why Choose Sheriff & Penny for Retention of Title Recovery?
At Sheriff & Penny, we specialise in Retention of Title debt recovery, helping businesses recover unpaid goods quickly and legally. With over 20 years of experience, we ensure that your assets are protected, minimising financial losses and keeping your business secure.
Over 20 Years of Experience – Trusted by UK businesses since 2003.
Fast & Professional Service – We act quickly to recover debts before they escalate.
Expert Negotiation & Mediation – We aim for swift, amicable resolutions where possible.
Legal & Ethical Collection – Fully compliant with UK laws and regulations.
Frequently Asked Questions
(FAQ's)
What is Retention of Title (RoT)?
A Retention of Title (RoT) clause is a contractual provision that allows a supplier to retain ownership of goods until full payment has been received. If a customer fails to pay, you can reclaim your goods rather than being treated as an unsecured creditor.
How do I enforce a Retention of Title clause?
To enforce an RoT claim, you must: Have a written contract that includes a valid RoT clause. Identify which goods are unpaid and prove they came from your business. Act quickly, especially if the buyer is in financial difficulty or facing insolvency.
At Sheriff & Penny, we handle the entire enforcement process, from verifying the contract to physically recovering your goods.
What if my customer has gone into liquidation or administration?
If a buyer becomes insolvent, enforcing an RoT clause can be more complex but not impossible. You should: Act quickly before the goods are sold or used. Contact the appointed insolvency practitioner to assert your claim. Provide clear evidence that the goods are yours.
Our team can negotiate with administrators and take legal steps to recover your goods.
Can I recover goods that have already been used or resold?
If your goods have been used or incorporated into other products, it may be difficult to recover them physically. However, if you have a Proceeds of Sale RoT clause, you may be able to claim payment from the resale.
What happens if the buyer refuses to return my goods?
If the buyer refuses to hand over your goods, we can: Send a formal legal demand. Conduct a site visit to negotiate their return. Take legal action to enforce the RoT clause.
We have specialist enforcement agents who handle face-to-face recovery, ensuring compliance with all legal requirements.
How much does RoT enforcement cost?
At Sheriff & Penny, we operate on a No Collection, No Fee basis where possible. If legal action is required, we will provide transparent pricing before proceeding.