Non Payment

shehasredhair

My friend did some work in a small school the work consisted of building, painting, moving funriture. It was a day by day and he basically was asked to do a job-fitting a kitchen which turned into various other jobs. He was also asked to sell some items on ebay-which he did, this amounted to £36.00.

This was due to passed onto the 'Headteacher'
Due to continued non payment - he left and submitted an invoice. However htis is the email he received a day after leaving:

XXXX

I have referred your matter to Ronald the Chairman of the company and he has advised that I refer the matter to our legal department for their action.

He is appalled that you have effectively fraudently taken our goods converted them and kept the money. Other invoices from B& Q have also not been properly accounted for.

We had contracted with you to install the units in the art room. You said that this would take you three days and the price agreed was £150. You were paid in advance as you kept on complaining about your impecunious state. The job took you much longer as you kept forgetting things, being away. You even omitted to purchase the plinth for the units.

You then took it upon yourself to paint the room. This was not a part of the contract and no payment was agreed with you, given you ad hoc appearance and unpredictable hours of attendance. However you were given £75 as a contribution for your time. It took you nearly 2 months to fit the units and paint the room. You painted the room twice after purchasing the wrong colour paint.

Finally on the Monday you arrived at noon (as was your usual habit) and after being asked about a receipt for outstanding refunds amounting to £70 and the eBay funds for items that were sold through your girlfriend’s account. You produced an invoice and said that you we leaving.

We will not pay this invoice as there was no contract with us for your services. When asked what you were doing painting the room you replied “I am fixing up my art room. It is going to be my art room isn’t it.”

Finally before your departure you told the maintenance man “we know what’s going on here don’t we?” clearly a comment designed to cause slur on the company.

Unless you properly account for the funds that properly belong to the Company we will issue proceedings in the County Court. The email from you girlfriend states quite clearly that you were given the money to pass over and you have not done so. This is theft.

You can put the money in an envelope and drop it off at the school where it will be signed for.

We give you 7 days to produce the money which belongs to the Company.

Sadly you have been misguided and taken mistaken our kindness for weakness!

Yours sincerely


He is very upset about this, the headteacher owes him £440.00

Any advice will be greatly received

DVardysShadow

The email appears to tell indicate a different tale from yours. You need to clarify exactly what happened.

Hammyman

If the above email is a more realistic view of events, I can understand why they're not paying him. I take it he is registered as self employed with HMRC? If so then he needs to send a reminder, then a statement of accounts woth a "pay within 7 days" and finally if no payment then pursue it through small claims court.

He will of course need to provide documentary evidence.

McKneff

If everything is true in the letter, then he doesnt have a leg to stand on.

A contract is a contract for £150 that was the sum agreed and has already been paid.

If it took longer than he anticipated - not the schools problem.

If he made a mistake with the painting, - not the schools problem.

If he did things as extra he should have got written authority to do so so he cant charge for any of that.

They are all his problems, he has caused them so he is responsible for them.
Tell him to pay back the money he owes the school, because i can actually see them taking him to court, which will trash him credit file.

shehasredhair

Yes-she is notorious for non payment and making up stories, she has only partially paid the teachers working there. He was asked to go to B&Q which he did-buy DIY stuff, lightbulbs, etc and then was asked to return the lightbulbs, the lightbulbs were in the school and the lady had the receipt which xxxx gave to her to return the lightbulbs. On his last day he offered to return the lightbulbs for her-which she refused to let him. She now appears to be accusing him off stealing money from them! He accepts he needs to give her £36 which he has written the cheque for, but she owes him far more.

shehasredhair

During the time he was there-she was constantly asking him to do other things, and even has an email from her-stating about painting the room.

Sambucus_Nigra

Pay them the money for ebay

Then take it to the small claims court.

heretolearn_2

Yep, I agree, no matter what the situation is with the work, he can't deny it's their ebay money. If he wants a chance to get the rest of his invoice, he needs to keep his nose clean otherwise a court will just think they are both as bad as each other. Pay them the ebay money, take them to small claims court for the rest of the work fees.