Customer is avoiding me and avoiding paying his bill

[des8]

Re: Customer is avoiding me and avoiding paying his bill

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.
.

Sole traders?partnerships are not companies.
A partnership does not have a separate legal form, it has no existence as a separate legal entity. The individual partners are jointly (and severally) liable for all the liabilities of the partnership.

[Dazbrad]

Re: Customer is avoiding me and avoiding paying his bill

@ ostell - I could be wrong, but my interpretation of the wording is that the owner is already renting the property, and that the work being performed is in the capacity of his business? - like I said, I could be reading this wrong.

@ des8 - I believe you are right, clearly not something we touch on too deeply at work, but as you say... We can all learn from each other.

[MissFM]

Re: Customer is avoiding me and avoiding paying his bill

Swifty, I would do as Ostell suggests in post #13. As you were employed by a private individual, not a Ltd Co or an LLP, that discussion is (it's to be hoped) a red herring - but it's important that you address the invoice to him personally at his private address. xx

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

Thanks for all your help guys, just to clarify:
The guy owns the flat along with several other properties and is ran separately from the solicitors firm that he started 10 years ago, so I think pursuing him and not his company is the right way to go.
I have already sent the second invoice to his company address giving him 7 days to pay in full, he should receive that tomorrow.
As for his home address well I'm 99% sure that's his address, I just need to park up nearby and see if he enters or leaves the property.

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

His seven days have run out and I still haven't received payment, this morning I sent him two final reminders by registered post (one to his business and one to his home address).
They will be delivered tomorrow, I put "final reminder" in upper case and I have given him until 5th December 2015.
He'll no doubt ignore them like he has with the other requests for payment which means I'll have to take him to court for my money, I'm not sure why he's behaving like this but it is getting me a bit worried as to what trick he's going to pull if it does go as far as the courts.
What would be my next move if he doesn't pay by the 5th?
do I send him a letter threatening court proceedings if it isn't paid within 3 days?

[des8]

Re: Customer is avoiding me and avoiding paying his bill

If not paid by then I'd be considering an LBA.
You seem to have sent a number of requests for payment which have been ignored, so court is the last resort.

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

Is there an LBA template in this Forum? I've had a look but can't find one

[R0b]

Re: Customer is avoiding me and avoiding paying his bill

Not sure if there is one but you could use the following points to kickstart your letter. If you want to have a go at writing it and post up we can tweak it and make any necessary comments.

[address]

Dear [name]

Re: Letter before claim for breach of contract for [amount]

Despite numerous attempts to contact you, you have so far failed to contact me to discuss arrangements for payment of the outstanding balance. Therefore, I am writing this letter and put you on notice of my intention to a claim against you for breach of contract. The breach relates to [brief details of the agreement] of which the outstanding balance continues to remain payable.

[You could insert brief details of how you were employed/agreed to do the work and how much and payment terms]

I enclose the following copies of correspondence:

[insert any letters, emails etc you wish to rely upon or specify date/times of text messages.]

Do you require any documents from him?

Action required
If you do not consider the amount set out in this letter to be due, an acknowledgment to this letter should be provided within 7 days of receipt, namely by [DATE]. Your full response to this letter should be provided no later than 14 days after the date of this letter, namely by [DATE].

In the absence of any response, I shall commence and issue proceedings against you without further notice.

I reserve the right to commence proceedings against you for breach of contract and seek an order for [damages OR the total amount due] plus interest and costs incidental to the application.

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

UPDATE
Just had a phone call off the solicitor who was extremely angry, I think he's miffed that I know were he lives.
he started by complaining about the damaged hob and I should knock £180 off the total bill to pay for it's replacement, I told him that the splashback which fell away from the wall had been fitted to the manufacturers installation instructions and to the letter and the splashback had been on for 24 hours before the electrician dislodged it from the wall. I told him I was working on the sink at the time and the electrician was pushing up on the underside of the hob/worktop which in turn pushed the splashback free from it's bonding allowing it to fall away from the wall, therefore if it wasn't for the electrician pushing up to hard the splashback would have never come away from the wall.
I also added that in all the years I've been fitting kitchens it's never happened to me as I know that you only have around 50mm at the front and 50mm at the back of the cutout which creates weak points on the worktop so you never ever apply to much pressure, He then moved on to the dust in the flat and that he told me to cut the doors outside and for that he had to pay his cleaners £50 to clean the flat. I reminded him that I said before doing the doors that I can't cut them outside because they were fire doors and far to heavy for me to carry down two flights of stairs so I will cut them in the flat and I also hoovered up the best I could but there was two painters & decorators working there as well so I was restricted in what I could do, but he should have contacted me and brought these issues up with me as soon as he could and given me chance to address his issues and I would have gladly come round and cleaned up.
He said he didn't want me coming back to put things right and had to pay the cleaners, I told him because he didn't bother calling me the money he paid to the cleaners is down to him and not me. I added that I was kept waiting for 2 hours before I could get in the flat and his daughter who was also the new tenant asked me for the key the day before so who am I to say no. I should have been on another job that day and as such I was rushed to finish the work, I said I am not giving him excuses but pointing out the facts.

I also told him although I'm very disappointed that it's taken until now for him to contact me we really need to sort this out reasonably, he said he needs to speak to the retailer about the hob and hung up.

I spoke to the retailer about 30 minutes later who said he had just called them and they said they only supplied the kitchen and the issues he raised has nothing to do with them.
I again told the manager the electrician caused the damage and he replied if that's the case then the electrician has to pay for it, he also said that the hob is working and it was just a tiny fragment off the corner and there is no sharp edges so he'll more than likely not bother replacing it he just wants to pay considerably less (£230 off the bill).
I agreed with the retailer when he said "knock £50 off the bill for the cleaning" to pacify him and prevent having to go to court, and the manager agreed with me refusing to pay for the damaged hob.

He hasn't called me back yet so I'll give him until tomorrow lunch time then I'll call him.

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

I called his office on the 31st and again was told that he is with a client and he will call me back "he didn't" so I sent him an email through his company website on the 1st asking him to please contact me, I didn't put what it was about as I didn't know who would read it before he got to see it. I'm still waiting for a reply

So it looks like I'll have to send out an LBA, he's had more than enough time and opportunity to contact me to resolve this but he's obviously playing hardball.
He paid the retailer shortly after speaking to them on the 30th

[R0b]

Re: Customer is avoiding me and avoiding paying his bill

Well it seems he is being a bit of a ball ache really, so yes I agree LBA, be sure to mention in your LBA that interest is being added at a daily rate. You may want to factor in any discount regarding the mess he claims you apparently left behind as part of the amount you are claiming and if it does go to court, you can show you have been reasonable in making an appropriate discount.

I would, send the LBA to his home address and to his work address (or by email if you have his email) just to be safe that he has received it.

[wales01man]

Re: Customer is avoiding me and avoiding paying his bill

Send a LBA he will probably not respond until you issue a CCJ claim expect a counter claim when you win make sure you get the money even involving bailiffs or any legal means for someone like a Solicitor to be so ignorant is not on

[swifty]

Re: Customer is avoiding me and avoiding paying his bill

This is the LBA I typed up ready to post on Monday, please let me know if it is OK


Re: Letter before claim for breach of contract for £525.00

Despite numerous attempts to contact you, you have so far failed to contact me to discuss arrangements for payment of the outstanding balance. Therefore, I am writing this letter and put you on notice of my intention to a claim against you for breach of contract. The breach relates to fitting of kitchen, work within the bathroom and cutting and fitting internal doors of which the outstanding balance continues to remain payable.

The original work in the Kitchen and bathroom was arranged on a day rate and as no price was asked for on additional work this is also chargeable on a day rate of £150 per day.

I have tried contacting you on numerous occasions to resolve this outstanding amount, please see details below:
09/11/15 @ 13.46: phoned your office and was told you where with a client and you will call back.
10/11/15 @ 09.14: phoned your office and was told you where on another call and you will call back.
13/11/15 @ 14.38: phoned your office and was told you where on another call and you will call back.
14/11/15: posted reminder invoice giving 7 days of receipt to pay.
26/11/15: posted Final Reminder by registered post to both Business and home addresses giving until Saturday 5^th December to settled your bill.
01/12/15 @ 13.58: phoned your office and was told you where with a client and you will call back.
02/12/15 @ 15.32: sent email via your website asking you to please contact me.
You did contact me on the 30/11/15 @15.44 to complain about a couple of issues you had regarding my work but no settlement payment was offered.

Action required
If you do not consider the amount set out in this letter to be due, an acknowledgment to this letter should be provided within 7 days of receipt, namely by 15/12/15.

In the absence of any response, I shall commence and issue proceedings against you without further notice.

I reserve the right to commence proceedings against you for breach of contract and seek an order for £525 plus interest and costs incidental to the application.
Your Sincerely

[R0b]

Re: Customer is avoiding me and avoiding paying his bill

In the absence of any response, I shall commence and issue proceedings against you without further notice for breach of contract and seek an order for £525 plus interest and costs incidental to the application. Interest is calculated at 8.5% per annum in accordance with the Late Payment of Commercial Debts from the date the payment was due ([date])]. Interest continues to accrue at a daily rate of 12p.

I reserve the right to commence proceedings against you for breach of contract and seek an order for £525 plus interest and costs incidental to the application. REMOVE THIS

See above, you don't need both lines its usually one or the other.

If you do not consider the amount set out in this letter to be due, an acknowledgment to this letter should be provided within 7 days of receipt, namely by 15/12/15 and a full response is required no later than 14 days explaining your reasons for disputing the outstanding amount.

Edit: You can add your interest from when the date the payment was due, I think it works out about 12p? (8.5% per annum) per day so you can include that wording into your LBA.

If it comes down to you making a claim then we can insert some wording to cover the statutory interest at that point and I beleive you can claim compensation of £40 on top of your claim as a result of the late payment.

[des8]

Re: Customer is avoiding me and avoiding paying his bill

You should also give address of the property where you carried out the work, the number of days worked.
Also you have failed to invite the use of a suitable Alternative Dispute Resolution, such as mediation, to resolve the dispute.
He also needs to be reminded that he should follow CPR.

A he is a solicitor I suspect that if you don't follow the rules to the letter he will cry "foul".
Don't give him the slightest opportunity.