Not getting paid and paying for materials?

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Did a fencing job. Did it well with a friend I thought. I paid my friend and paid for the materials (£500 odd pounds for materials). £280 for friend. The guy was complaining that we had cut too much Laurel off and had trodden on some plants- The Laurel had to come off. The plants were right in the way. If he doesnt pay, what do you do? Also, for tax records (i dont know the guy's second name) must I write it all his name or will his address and first name surfice?

Is it worth using their debit card to buy the materials.

Just checked, he hasn't paid This is my first big job. I am £780 out of pocket excluding my own salary.
 
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Post pictures of the damage.

Did you have an agreement/contract to accept your quote and start work?

Andy
 
No contract/agreement. No photos. Any advice on getting the software for for an agreement/contract for future quotes?

i guess sending an invoice means nothing anyhow, right?

I have asked for 1.5 days labour instead of 2 days as that's what I asked for .
 
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Small claims court?
I guess that you still own the fence? Although getting it back might be tricky
 
Unfortunately, you will always find this type of idiot, and you just need to learn to protect yourself aginst them. Send him an invoice for the work, with a covering letter stating why his complaints aren't valid, and the if payment isn't received immediately, that you'll start a small claims procedure against him.

If you agreed or estimated that it'd take 1.5 days, and it then took 2, then that's down to you I'm afriad, but you'll get better at estimating the time required as you get more experience.

Here's a quick site that'll give you a few ideas on templates for the future, but you can do a search yourself for the sort of thing you're after. I assume that you have a computer and a printer; you just need to learn how to use the word processing software, and create templates that you can use time and again.

Always makes sure you get their full name, and then put the quote on paper and get them to sign it; that'll make sure they know you mean business. If they won't sign it, then walk away. Take pictures of the site before you start work, and then after you've finished the job to back up any disputes, and don't be afraid to let the client know what you are doing. The more professional you appear, the stronger you're position will be. Always get the money for materials up front, and be quite blunt about it (albeit in a joking manner) so that if you get stitched up, it's only labour that you've lost. You did walk on the plants, and you either need to warn future customers that it's their responsibility to remove or be prepared to replace plants that are in a vulnerable position, and the guy should should know that, so he'sjust trying to wriggle out of the money. Maybe you could offer him a nominal reduction of £5 to replace the plants as a gesture of goodwill, and on the basisi that you should have advised him of the dangers of getting damaged beforehand.

As you're obviously starting out, you could ask customers to source the materials, and you could go with them, but obviously, you personally couldn't use their debit/credit card. But part of you're profit will come from buying materials at cost prices, and charging retail. It's not a lot, but it all helpsa, although it'ssometimes more hassle than it's worth - your choice on this one.

You do still own the materials till he's paid for them, but you've got to be able to get them back without damaging anything, so as long as it's panels that can be lifted out cleanly, then there may not be a lot you can do.
 
No written agreement/estimate/quote beforehand, job finished and invoice still to be created. He could easily turn round and say it was a £200 cash job and threaten to go to inland revenue. If you're going to take it to court, I hope you've covered all areas. Did you pay your friend cash? Has he given you a receipt/invoice for his labour or have you employed him properly on the books?

All you can do is see what the customer wants to pay and go from there. Then put it down to experience and always get a chunk up front for materials.
 
But two can play at that game. The OP may not have got a written agreement before hand, but that's not to say that he can't write up the details, and then tell the court that he gave them to the client, and trusted him enough not to feel he required a signature. But good point about the friend though; he's going to need invoices from his subbies, or he risks other issues further down the line. He needs to learn to record his jobs, cost and receipts from day one, as making sense of the a year later is murder.
 
what evidence do you have that you had agreed a scope of work and a price? texts etc?
You don't issue any court claim until you've genuinely tried to resolve the dispute otherwise you'll likely waste your time.

start by writing up the invoice, use google to search his address, it wont take long to find his name. If he's had any planning/building work done, you should be able to find applications in his name on the council planning website, from his post code.
send him the invoice for what you believe was agreed email or whatever, phone him and tell him if he has a problem with the work, to please write back with what they are.
If you think you can haggle an agreement then do so. But get him to write down his problems with the work this helps establish you have a contract.

If he ignores you.. then you issue a reminder, if he ignores that, a letter before action issuing a final demand, in accordance with civil procedure rules and including an estimate of legal costs (about £120 + 200)

There is no requirement for a signed agreement so long as you can prove you had an oral contract. Obviously it helps to produce quotes etc. for future reference.
 
There is no requirement for a signed agreement so long as you can prove you had an oral contract. Obviously it helps to produce quotes etc. for future reference.[/QUOTE]

Before giving advice,one should ensure it is accurate

Refer to the current Consumer Contracts Regs (assuming the agreement was made over the phone or NOT in your normal office:

The information should be given in writing in a 'durable medium' such as on paper or by email.
 
can your helper help you with evidence ??
was he there during any conversations about timescale expectations payment etc
he needs to say only what he personally knows directly not third hand from you
 
He would be listened to by a judge in the small claims court with more acceptance than a magistrates court, but it's a bit irrelevant at this stage. Hopefully, once the OP sends in his invoice, he'll get a response from the client with a counter offer that he can then work from.
 
Before giving advice,one should ensure it is accurate

Refer to the current Consumer Contracts Regs (assuming the agreement was made over the phone or NOT in your normal office:

The information should be given in writing in a 'durable medium' such as on paper or by email.

Yes you should definitely check your advise is accurate, particularly for example if you are going to attempt to correct someone by incorrectly quoting legislation that doesn't apply. ;)

This is a services contract the goods supplied in this case are materials and form part of the contract for services. These services have been performed. The rights you think you are referring to don't apply.

To answer the other bit of the OPs question regarding using the customer's debit card to pay for stuff?.. I'm going to translate that in to - should I tell the customer what to order and just bill him for services?

yes if..
- you don't plan to make a margin
- you make it clear that you might have bits left over and need extras/alternatives as you get in to it, so he needs to deal with returns etc.
- you are trying to stay under the VAT registration threshold
- you don't want to be responsible for the quality of the materials

no if..
- you want to make a mark up
- the customer wants you to work out what is needed and be responsible for it

you can ask for some payment up front to cover materials.
 
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You are wrong. The regs apply to any goods or services that are arranged outside of the traders normal premises. Certain emergency works can be "waived" but those are in specific categories.
 
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