Professional Non Payer

[The_Scotty]

Any help on what action I can take will be much appreciated.

Hit a small problem on a job with a customer. It was a stumbling block but definately one that could be overcome. There was no animosity on either side at the time, we both agreed to have a think about a solution.

Tried to contact him, no answer. Won't return calls. Find out through a mutual client that we are "off the job as far as he is concerned" Finally get in touch with him and he aggressively tells me that we are finished as far as his job goes and he owes nothing. This is despite declaring at the last meeting that he would pay what he owed without hesitation and that he knew that their was still money outstanding. Went to see him at his house and he wouldn't entertain me, threatening to call the police etc I've sent him an invoice detailing all work done and all monies still outstanding but he has ignored this.

Where do I go from here? There is a considerable amount still outstanding.

We were not the first company to work on the project. It seems certain to me that the first lot suffered the same fate that I did.

First time this has happened in 5 years trading

 

[breezer]

small claims court?

 

[WoodYouLike]

Contact these guys, others I know who used them got their moneys after one phone call from them to the reluctant client.

 

[D_Hailsham]

Get advice from Trading Standards.

You could always threaten to remove everything if he does not pay up - like the builder who recently knocked down the conservatory and porch he had constructed, because the client would not pay. He had the full blessing of the Council and Trading Standards. See Builder Strikes Back

 

[The_Scotty]

Get advice from Trading Standards.

You could always threaten to remove everything if he does not pay up - like the builder who recently knocked down the conservatory and porch he had constructed, because the client would not pay. He had the full blessing of the Council and Trading Standards. See Builder Strikes Back

Seen that fair play to the guy. That would be a last resort as I'd much rather have the money that was owed.

Cheers, WoodYouLike, I'll have a look at that

 

[Softus]

I've sent him an invoice detailing all work done and all monies still outstanding but he has ignored this.

Where do I go from here? There is a considerable amount still outstanding.

Send a final demand, then a notice of proceedings, then apply to the County Court.

 

[Whitespirit66]

I tell my customers that payment will be required on completion of the job.

I also always make sure that I don't put my tool box in the van until I have been paid. If the customer starts haggling, or refusing to pay, then I have my tools with me in the house and tell them that I will undo the work I have done, remove any fittings supplied and leave the job as I found it.

I have only had to carry out my threat once, although as soon as the customer realised I was serious she soon coughed up.

 

[sterod1971]

I tell my customers that payment will be required on completion of the job.

I also always make sure that I don't put my tool box in the van until I have been paid. If the customer starts haggling, or refusing to pay, then I have my tools with me in the house and tell them that I will undo the work I have done, remove any fittings supplied and leave the job as I found it.

I have only had to carry out my threat once, although as soon as the customer realised I was serious she soon coughed up.

Yep thats gonna work!

 

[Click-Sure]

Started stripping a kitchen of its wiring once.

Amazing how fast people can come up with cash when put on the spot.

Even the threat of such action can be more than enough.

 

[fatplumber]

Trouble is that when you fit something you cannot, legally, take it out again, even if you aren't paid. You still own materials on site that aren't installed.

I have been to court a couple of times and it is a bit of a lottery. I have won all my cases but only once did I ever get me money.

Leaving site when you haven't completed the work adds another level of difficulty. You may be, as far as I can see, entitled to "quantum meruit"( http://www.atkinson-law.com/cases/C...LawArticles/Quantum_Meruit.htm#Quantum Meruit see section 6, 3 and 4).

 

[atty17]

been down this road twice before myself cost me a lot of money to take them to the small claims court , won judgement and still never seen a penny.
however sometimes a letter stating your intentions of court actions will get a rise from them . its a difficult one although i lost the initial monies plus what it cost me in court fees they had a county court judgement against them and i felt better in doing so good luck anyway

 

[snb]

I have found that sending a notice of impending court action or that you may sell debt on to debt recovery firm has always had the desired effect.

People and companies are far more concerned about what a debt recovery company may take to get their cash. It is usually goods with a value of at least 5 times the debt and they choose what they take.

As far as removing materials that you have fitted you have every legal right to do so as long as you have not left the property. It is only once you have left the property that it becomes illegal.

 

[WoodYouLike]

As far as removing materials that you have fitted you have every legal right to do so as long as you have not left the property. It is only once you have left the property that it becomes illegal.

and state in your T&C of Trading that the goods will only become the procession of the client after full payment has been received.

 

[spreadandlay]

Me and another plasterer did £ 550 worth of good skimming each. Heard she was bad payer so chased for last payment before doing any more work.
I told her this and she kicked us off site. Dropped a final bill (£550) through her door, heard nothing for 30 days phoned up and she said she would settle. Two more weeks, time for small claims! paid £60 each and hoped this would work. one week later get a counter claim through wanting £ 2,700 each to put the work right loss of rental on other properties, loss of earnings.

We are now waiting for a court date. it is the single most soul dstroying thing Iave been through, made me doubt the trade and want to go to tesco for a job.
What is to stop the next one doing it? not a lot, if you have witnesses, invoices,letters, and other trades to back you up you should be ok ! if they are minted they can afford a solicitor! go to Citezens Advice and get a free half hour with a local solicitor, all info help, just remember it needs to be worth the hassle as it will turn you grey and really really bitter!

 

[The_Scotty]

Thanks for the comments Gents.

Its extremely infuriating and sole destroying. We are genuine workers who always complete work to the best of our ability. Before this we never had any issues with customers and always leave jobs on almost friendly terms with them. Sadly this has made me doubt my approach and I may start asking for a deposit up front (which I dont like doing).

I could chase him to court and try and get my money, but I realise there are no guarantees. Or I could write it off and put it down to a bad experience (albeit a costly one) but then he would have gotten away with it.

I sent a final demand for payment to which he hasn't responded.

He has since threatened me with charging me with assault (which didn't happen) and would counter claim me for overpayment. I know he is calling my bluff.