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Customer is avoiding me and avoiding paying his bill

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  • Customer is avoiding me and avoiding paying his bill

    Hi all, I have an issue with a customer who is avoiding me.
    I fitted a kitchen for him in one of his flats that he rents out, he bought a partial kitchen along with bathroom fittings from a retailer who then recommended me to install it (the customer wanted some replacement units, worktops, splashback and cooker hood fitting).
    The retailer told him to pay me separately and told him it will be on a day rate of £150, the customer said that it should only take one day to which the retailer said no it will take at least two days.
    When I arrived on the job he again said that it won't take any longer than a day and I told him "no, it'll be at least a couple of days".
    While fitting the Kitchen I told him he'll need to get his plumber out to connect the sink, he said aren't you connecting it? I reminded him that the job was just a dry fit only, he called out his plumber but due to the odd size of the existing pipe work (both hot & cold pipes where 16 mm outside diameter not the standard 15 mm) the plumber could not connect any fixings to it, I told the customer about the odd sized pipes and that the plumber hadn't done anything so he asked me to connect up the sink.
    I took a short length of the pipe to a couple of plumbing suppliers and they said they've never come accross that type of pipe before and there was nothing they could do for me, in the end I managed to free the steel couplings in the pipes and refit them under the sink.
    While I was working on connecting the sink the Electrician was securing the hob and the glass splashback (which was fixed to the wall with three long double sided sticky strips already attached to the splashback by the manufacturer) fell away from the wall and chipped the corner of the glass hob, the electrician managed to put his hand up and catch the splashback before it hit the hob full on.
    The splashback was fitted to the manufacturers recommendations with the fixings supplied (the 3 strips), and fact that the electrician was pushing upward to screw the hob to the cutout in the worktop must have dislodged the strips from the wall causing it to fall away.
    I have since stuck self adhesive silver tape to the back and applied silicone sealant as an extra measure, you can not apply silicone onto the glass as it would show through the splashback.
    I also fitted a new toilet seat, bath panel and shower screen in the bathroom, the customer asked me if I could plain three internal doors as he had new carpets fitted.
    Because the new tenants (his daughter) furniture was being delivered to the flat the customer asked me to cut outside, I told him I couldn't as we where on the third floor and two of the doors where fire doors so to heavy for me to carry down and bring back up again.
    I removed as much of the cardboard and off cuts as I could outside for him to arrange collection, I even took down off cuts that the carpet fitters left. I hoovered around the best I could, I couldn't get everywhere as the painters and decorators where working in the kitchen and living room at the time.
    On the last day I was there I had to wait outside for nearly two hours before he showed up to let me in as his daughter took the key off me the day before, I told him how long I had been waiting and he said I shouldn't have given the key to her (I can't see how this was down to me as it was his daughter and if she asked for the key then who am I to say no) I gave him his itemized invoice for the work which was 3 and a half days totaling £525 and he commented on the time it has taken saying it shouldn't have taken this long and shouldn't be that much, I told him I had another job I should have been at the day before and it's taken this long because of the extra work and unforeseen problems we've had and everything is itemized on the invoice.
    Later that day while I was at the retailers working the customer phoned the retailer to complain about my work saying I'd left the flat in a mess, he said there was saw dust and old screws in some of the units and there was brick dust on the bath after fitting the shower screen, he also complained about the time it had taken and the rubbish left outside and a large box of rubbish left in the flat.
    The retailer went round to the flat to meet up with the customer and to look into his complaint, the customer told him that he would have to get in professional cleaners to clear up the mess, the retailer told him it was just a bit of saw dust and is easily cleaned and to contact me to come back and resolve his issues, he mentioned the chip on the corner of the hob, again the retailer told him that I had mentioned the incident to the retail manager the day before.
    The customer has not been in touch with me to discuss his issues and has not paid me or the retailer, I called him at his office today (it's the only contact number we have) and was told he is with a client, I left my contact number but he did not call back.
    I will try again tomorrow although I doubt he will speak to me,

    Now for the punchline! what makes this even more frustrating and hard work is that the customer is a solicitor, I wouldn't dream of telling him how long it's going to take to claim compensation or how long it takes to go through criminal courts and what the outcome will be, in my profession you never truly know how long a job will take until your nearly finished.

    Can anyone offer me advise on where I stand with this one please..
    Tags: None

  • #2
    Re: Customer is avoiding me and avoiding paying his bill

    How long has it been since you fitted everything? does your invoice specify payment terms? Have you attempted in any way to collect the outstanding amount?

    Try sending him a text to that effect and how long it has been. If he is playing hard ball then you could contact the office or look him up online and find his solicitors email address, drop him an email and ask him for an address to send the letter before action or failing that I would send it to his works email.

    If he still fails to respond, then it could be a bit more difficult in terms of making a claim as you need to send it to the last known address - you could serve it in personally but that can be tricky. Your alternative could be to make an application to the court without notice (set you back £50 but recover if successful at hearing) and request that the claim is to be served at the address his daughter is living at / sent to via his work email or works address. You can't serve it to these places without an order from the court as if you do then it would not be valid service and your claim will be struck out.

    There's your starting point!
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Customer is avoiding me and avoiding paying his bill

      I completed the work on 23/10/2015, I know it's only coming up to 3 weeks but I would normally have payment by now. Even though my invoices doesn't specify any payment terms I do make it clear (and the retailer also makes it clear) to my customers that payment is due once the work is completed.

      I called his office again today and spoke to his receptionist, she told me that he was on the other line and cannot take my call at the moment but will call me back once he's finish his call, he never called back.
      I don't want to call his office every day just in case he pulls out the harassment card, I'll give him until the end of the week before calling back or as you suggested look up his business email address and contact him that way.

      Comment


      • #4
        Re: Customer is avoiding me and avoiding paying his bill

        Just had a look on the companies website and discovered that not only is he one of the directors he is a specialist commercial Lawyer.
        He doesn't have a direct email address on the website, it's just a "info@" address

        Comment


        • #5
          Re: Customer is avoiding me and avoiding paying his bill

          Keep a record of date and times you called, any messages sent. If he still doesn't reply then call again end of the week if he's not available then ask his secretary for his email address to send send the LBA.

          Do you mind sharing who the solicitors he works for?
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: Customer is avoiding me and avoiding paying his bill

            Is there anything in writing concerning this apart from an incvoice

            Comment


            • #7
              Re: Customer is avoiding me and avoiding paying his bill

              As a director has he given his home address in the director's details?

              Comment


              • #8
                Re: Customer is avoiding me and avoiding paying his bill

                Originally posted by wales01man View Post
                Is there anything in writing concerning this apart from an incvoice
                No! I put his name on the invoice and the address of the flat I worked in

                - - - Updated - - -

                Originally posted by ostell View Post
                As a director has he given his home address in the director's details?
                No he hasn't, I had a good look through the website last night to check

                Comment


                • #9
                  Re: Customer is avoiding me and avoiding paying his bill

                  Originally posted by R0b View Post
                  Keep a record of date and times you called, any messages sent. If he still doesn't reply then call again end of the week if he's not available then ask his secretary for his email address to send send the LBA.

                  Do you mind sharing who the solicitors he works for?
                  I've got the times and dates wrote down and I've kept them on me mobile aswell
                  As for naming and shaming I thought I'd give him reasonable chance to pay first, I can PM you his name and company name though

                  Comment


                  • #10
                    Re: Customer is avoiding me and avoiding paying his bill

                    Originally posted by swifty View Post
                    I've got the times and dates wrote down and I've kept them on me mobile aswell
                    As for naming and shaming I thought I'd give him reasonable chance to pay first, I can PM you his name and company name though
                    Sure, if you want to PM me I can take a look
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #11
                      Re: Customer is avoiding me and avoiding paying his bill

                      Made my third call to his office yesterday, again his receptionist said he was on another call at the moment and he will call me back.
                      So again I gave her my contact number, he never called back.

                      In the mean time I have managed to find his home address, and also found out that he is married to one of the other directors who doesn't share his sir name.
                      I will now send him a fully itemized bill with a breakdown of time spent on each section of work carried out and giving him 7 days from receiving the invoice to pay in full, I will send it to his office address.
                      If he doesn't pay then I will give the retailer his home address and arrange for both of us to send out a final reminder to his home address on the same day.

                      I will keep it polite and not threaten any court proceedings yet, as this will probably provoke him into not paying.

                      Comment


                      • #12
                        Re: Customer is avoiding me and avoiding paying his bill

                        As I have read...

                        a) You have a name and address of the owner of the business.
                        b) You have completed the work
                        c) You have set no payment terms

                        You will want to argue Breach of Contract because the landlord has not met his end of the agreement by paying you. However, because no payment terms have been issued to the landlord, then technically there is no breach.

                        There will be an expectation of the landlord to pay you for your services, when is the problem you have to solve.

                        I suggest you write to the landlord setting a reasonable deadline for payment. What the retailer stated to the landlord is not a term thats stated on paper. Verbal statements are hard to prove.

                        You want to consider the following when sending the letter...

                        Is the contract with an Sole-Trader/Partnership? ...or is it with a limited company?

                        If your contract is with a limited company, you will not have rights against the individuals who operate the organisation, only the company.

                        If your contract is with a Sole-Trader/Partnership, you will need to pursue the company. However, if this company goes downhill, you then have the right to pursue the individual.

                        If the limited company is going bust, ring the insolvency service, describe the Breach of Contract and ask about the company ...if its discovered that the company has gone down already, theres nothing you can do.

                        If the company is in the process of shutting down, ask the Insolvency Service to register you as a creditor and sent your letters to the administartor instead.

                        The administrators address you can get from the Insovency Service. Their job is to sell the companies assets and pay the creditors with whats generated from those sales.

                        If the business is fine and the deadline for payment set in the first letter has expired, send 3 Breach of Contract letters to the trader by recorded delivery, keeping a copy of each for your self. The third letter should be titled "Letter Before Action", and each should be sent seperately, parted by a written deadline in each of between 7-28 days.

                        If the landlord gives you what you want, all is good. If the trader ignores you, gives you an unsatisfactory response. Your next step is court.

                        You can register your claim as a trader online at www.moneyclaim.gov.uk. Otherwise you can go to your local courthouse and pick up an N1 form.

                        Hope this helps, let us know how you get on.

                        Comment


                        • #13
                          Re: Customer is avoiding me and avoiding paying his bill

                          The original post says that this is a contract with an individual who just happens to be a director of a local firm of solicitors therefore this is a contract with an individual not a business.

                          There is an expectation that invoices are paid within a reasonable time. Legislation provides for interest to be added after a certain time.

                          If you have definitely confirmed his home address then send the invoice there, with the payment conditions on thee bottom. You could send a copy to the office. No response then send a duplicate invoice and a letter politely pointing out that payment has not been made and it would be appreciated by return. No response then it's a letter before claim and then small claims court. I would think payment within 14 days of invoice would be reasonable. (I used to use 30 days).

                          I used to run a small business and had the no payment problem several times (with different people), despite several reminders. The small claims court form arriving seemed to sort things out every time. I wouldn't care but if they did have a problem with cash flow they only had to talk to me and I'd be happy to wait.

                          Comment


                          • #14
                            Re: Customer is avoiding me and avoiding paying his bill

                            A landlord is renovating a property that he rents out. If the service being carried out is in the interes of the landlords business, then the contract being entered into is a business to business contract. If that landlord went to buy some bread for home, he would be entering into a consumer contract.

                            Comment


                            • #15
                              Re: Customer is avoiding me and avoiding paying his bill

                              Nope , the landlord owns a property and wants to rent it out. The contact is with the person that owns the property. The fact that he is also a landlord is purely coincidental.

                              Comment

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