customer threatening action

wannabie

I hope you sort it out

Sounds quite petty, I agree with comment above that you should just take our the value of your time and refund the rest?

malcindebt

You say you sent the photo's by Email for them to review. Is there anything (watermark?) stopping them from simply downloading the photo's to a disk and having them printed out somewhere else?

If not could this be the reason they now want their money back. I.e they have seen an opportunity to get something for nothing?

Flyboy152

weeclick wrote: »

Just to respond to some replies,

my "excuses" are very much valid - it is illegal to be on the phone and drive, I would also imagine it would be illegal to stop in the middle of the road to remove the phone from my pocket just because its ringing. I wanted until I got home to contact the customer, and would personally find it VERY unreasonable to phone anyone at 9/10pm in the evening.

As a matter of fact I don't think it is. If I had been waiting to sort out something like this I would have appreciated a call at that time to be told, "I am very sorry I haven't been in touch, But it might be there if we talk tomorrow morning when it is more convenient for us both."

My other "excuse" for not working weekends is also valid. If you work for any company you are entitled in most cases to 2 days off per week. The perk to running your own business is surely you choose what days you take off? I have ran this business for 2 years and this christmas was my first christmas off, I didnt even take 1 days summer holiday last year and for the past 2 years have worked 12 hour days, 7 days a week and in some cases worked more hours. I think to be fair to myself, to my health and to keep a fresh mind for my clients I am entitled to take time off, and have only done so from December 2010 due to a health condition recently diagnosed - not good for a 21 year old!

Well, I'm afraid that is the down side of running a business. If clients are waiting for their product, you have to provide it. You do not work for just any company, the company is you, it is your responsibility to maintain your service promises. Not having Christmas off (and having to work Christmas twice, is hardly been every Christmas, has it?), missing a holiday or two, working weekends, long days and working hard is what life as a business owner is all about. But, I am a little perplexed as you tell us you don't normally work weekends, but you have been working seven days a week for the last two years.

Also, I have yet to contact my solicitor, this is something I will do on Monday/Tuesday of this week if I feel its necessary, and providing I cant resolve this issue myself.

Hasn't he already advised you that all the client is entitled to the sixty pounds for the album?

The client has received as much support as I can personally give them, and all I need from them is a simple "yes thats ok go to print" if they are able to find the time to email me this letter I got today, then surely they would see the sent files as it was sent to the same email address - would it not of being easier to just reply so they can have their album delivered within 2 weeks!!

But you have surely had the time to drive over to see them and show them the proofs. I can't see why you wouldn't have contacted them, to chase them up about arranging meetings for viewings etc. As you have come here for advice, mine would be either send them the album, in the form they agreed to, or refund them their money. My suspicion is that they would prefer to have their photographs from their wedding, but they feel the only way to get them is to pursue you though the courts.

rustyboy21

Weeclick.

I feel that you have kept up with your side of the deal you entered into. They have paid £600 and you have provided £600 of time and labour.

Now that the album will come in above what you have quoted for, is not your problem to take in. They are the ones who seem to be messing you around, as they have not been in touch with you to arrange final viewing.

I would make up an album, to the price of £600 and say, you can have this tomorrow, if you dont want it and want the better one ( 54 pages) then it will cost you X amount. Don't do a deal on it, this is most likely what they are after and the threats of court are them just trying it on to see if you will give in.

Make a detailed list of what the £600 has actually gone towards, you have paid out for 2 people to spend 14 hours taking photo's plus all the equipment you have used, the materials, electric, VAT etc.

Also make a detailed list of all the contact you have had with them. Print off all the emails you have sent, from your 'sent' folder as it will show the date and time sent. Plus any voice calls you have had with them.

You are keeping up your side of the contract, by supplying them with what they asked for( Except for the album, which needs their approval). It is up to them to make sure you deliver. It is not like buying something from a shop, it is specialist and needs the customer input to complete it. If they cannot be bothered to keep in touch with you to make that happen, it is their fault, not yours, don't beat yourself up over it. Working shifts is no excuse, they could have worked out an appointment to suit their shift patterns, are you supposed to be psychic? And YOU shouldn't have to go without your time off either, If it is not suitable for you, you have just as much rights as them.

If it was me after something to remind me of a treasured day, I would be contacting you to get it sorted, not the supplier doing all the donkey work!

Hope you get it sorted soon

paddyrg

Maybe a bit too late for this case, but my standard terms of business include a clause that the client has a certain period to accept or reject/ tweak their requirement, otherwise it defaults to having been accepted. I also havea clause about how many revision cycles we will go through, depending on the pricing of the job, just so they understand it is not an all you can eat buffet!

Bubble16

I have got to ask, who are you using to print a story book album for £60? Seems amazingly cheap for a professional lab.

oldtoolie

It sounds like there was insufficient communication by phone and email on the part of both parties when the face-to-face meetings were not possible. In the long run they don't want the money, they want the pictures. And you don't want the pictures, you want the money. That is what will make everyone happiest.

So the issue is how you get to that conclusion. If I were in you position, I would apologise for the failure to communicate better and express my wish to complete the contract. Perhaps you might offer a few extra pictures to sooth your client.

Perhaps you need a mediator -- would the vicar who conducted the service be a candidate?

You have much more to lose than they do. Your reputation is a stake with everyone your clients know and everyone who might read their comments on internet forums.

Flyboy152

oldtoolie wrote: »

It sounds like there was insufficient communication by phone and email on the part of both parties when the face-to-face meetings were not possible. In the long run they don't want the money, they want the pictures. And you don't want the pictures, you want the money. That is what will make everyone happiest.

So the issue is how you get to that conclusion. If I were in you position, I would apologise for the failure to communicate better and express my wish to complete the contract. Perhaps you might offer a few extra pictures to sooth your client.

Perhaps you need a mediator -- would the vicar who conducted the service be a candidate?

You have much more to lose than they do. Your reputation is a stake with everyone your clients know and everyone who might read their comments on internet forums.

At the moment, the OP doesn't have anything to lose, he already has his money, but the clients haven't got their photographs yet.

oldtoolie

Nothing to lose? That depends on the OP's value of his business reputation. If that is only worth £600, you're right.

Savvy_Sue

oldtoolie wrote: »

Nothing to lose? That depends on the OP's value of his business reputation. If that is only worth £600, you're right.

the OP has already said he has now closed his business. So unless he's planning to re-open soon, not a problem.