Stitched up by customer

newfunk

Im posting this on behalf of my Dad. Not sure if its the right place

He owns his own business, and recently was asked to carry out a job for someone! He was told to just do the job, but my dad did give the customer a guide price for what he asked!

He did the job, and there were alot of extras added by the customer!
His employees carried out the fitting of the items!

The customer has now decided my dad's invoice was to expensive, and has told him he can't afford to pay it. He has paid the invoice less £900 incl the VAT, :mad: and told my dad this is full and final settlement! I told him, not to accept it as full and final, and to issue a letter to him, stating this.

He also told him, that he would have a field day with him, if he took him to court, as he says, he could get the items for £298 from another supplier! Somehow I dont think a court would look at it that way

Short of me going around and threatening to hurt him, or ripping the items out (which probably aint the right approach, but Im fuming :mad: ), whats the best way forward for him! Ive told him to issue a claim in the small claim court!!

Thanks in advance

Funky :cool:

mrbadexample

Does any of your Dad's paperwork state that the goods remain the property of his company until paid for in full? If so, would he be within his rights to reclaim them? Sounds like small claims court might be the best (only?) option

Tom_Jones

Sorry but if your Dad didn't put in writing the cost of the extra work and had it agreed in writing by the client he would find it very difficult if not immpossible to get anything back via the courts, I know it happened to me some years back for 1800 quid

My advice is in the future get EVERYTHING in writing for any work that he carries out.

Mr_Skint_2

Knee Cap the S.O.B

Well I would not accept the payment and issue a reminder in red ink as to payment
and keep copies then if no joy try small claims court...

In future its best to get a written confirmation of any extras,
for both parties involved.....

newfunk

Tom_Jones wrote:

Sorry but if your Dad didn't put in writing the cost of the extra work and had it agreed in writing by the client he would find it very difficult if not immpossible to get anything back via the courts, I know it happened to me some years back for 1800 quid

My advice is in the future get EVERYTHING in writing for any work that he carries out.

Thats what worries me, he has had a !!!!!! 12 months trading, and with one thing or another, this may be the final straw for him!

newfunk

Mr_Skint wrote:

Knee Cap the S.O.B

Well I would not accept the payment and issue a reminder in red ink as to payment
and keep copies then if no joy try small claims court...

In future its best to get a written confirmation of any extras,
for both parties involved.....

Thats what id be inclined to do!! I was gonna go see him today, but I just know my temper will get the better of me, and i cant afford for that to happen!!

Mr_Skint_2

newfunk wrote:

Thats what id be inclined to do!! I was gonna go see him today, but I just know my temper will get the better of me, and i cant afford for that to happen!!

Rule of thumb is, if you wanna hurt someone really bad
hurt em where it hurts the most.... In the wallet....

djohn2002uk

:j I Now Have The Perfect Avatar :j

No you don't...lol The old one was better, this one is bad on the eyes...:mad:

Mr_Skint_2

djohn2002uk wrote:

:j I Now Have The Perfect Avatar :j

No you don't...lol The old one was better, this one is bad on the eyes...:mad:

Yeah Right... :rotfl: :rotfl:

welnik

Sounds like a County Court case to me. Even though you have nothing in writing, your father still had a contract with the customer and it was at the very least a verbal one. I had the same problem with a customer some years ago. He was refusing to pay for extras. I walked away with no money and then this customer had the audacity to try and take me to the small claims court.

Basically, I got my scrap pad out, went round the property with him and jotted down what he wanted doing. This was even in pencil. I had scribbled prices next to each item. When I finally got to do the work, after been messed around by him with start dates and turning up to find no materials, the amount of work he wanted doing had trebled. However, he expected it doing for £500.00. One of the items was a kitchen and he completely cocked up the measurements. This meant that the units just werent going to fit.

He then decided, six months later, that he would sue me for breach of contract! A summons for £1800 landed on my door mat and I was flabbergasted. The only thing was, he had seriously under estimated my wife. She had kept the scrap of paper, telephone records, you name it we had got it!

Although it was daunting at first, the judge was fantastic. You usually find that they are like you and I. They have worked as solicitors previously. They are certainly clued up. They appreciate that in our line of work that extras may come into the equation and they know how much you would charge. It was quite clear to our judge that £500 for about 20 days work was taking the pee.

In court, the plaintiff talked and talked and we felt like we didnt get a chance to say our bit, but thinking back, the more he spoke, the more he contradicted himself and cocked it up completely. After a whole day at court, (my wife had even made a model of the kitchen to demonstrate the major problem with the units fitting!), we were told that we would receive the decision in the post. 8 weeks later, we discovered that we had been awarded £550 and were rather chuffed. Bear in mind that I had walked away from the job and he owed me money!

It cost us £80.00 (which we got back) but well worth it just for the experience alone. If anyone failed to pay now, I would be straight there. Saying that, we now have proper job survey sheets and we will not commence any work until they have return it signed and paid a deposit. This way we all know where we stand.

So, go for it. At worst you will lose £80.00. Get all the receipts for materials together and calculate the time spent.

rrwfotr

Hi this url may be of use, it's information on the small claims court.

https://www.moneyclaim.gov.uk/csmco2/index.jsp