Problems with non-paying customer

Cherry_Bomb

My OH has been doing some private building work whilst he's on leave from his fulltime job.

He took a job doing a bathroom. Anyway he has got half way through and the customer has now text saying she has spoke to her brother in law (who lives in Australia) and he has said my OH is charging her too much. This has resulted in the customer saying she's can't afford to pay him.

Problem is she hasn't actually paid any money other than the cost of materials which she was given invoices for. He hasn't been paid a penny for his labouring costs.
OH took no money upfront as he's not a fulltime builder anymore and doesn't do major £££ jobs. He never thought doing odd jobs whilst on leave would end up this way.

What does he do now? She's completely ignoring him won't answer the phone or the door. Do we send a letter saying she has X amount of days to pay otherwise we take it further?
If so what options are there to take it further?

ETA sorry just realised I don't think I've posted this is the right place!

xangeleyes

How rude! Obviously she 'had' the money before speaking to her brother-in-law.

My advice is to send out an invoice for the work he has already done and give her 30 days (or is it 14 days? - double check) and if there is no payment then you will take further action.

You can take her to a small claims court for this - did she sign anything?

Good luck x

Sambucus_Nigra

Did he quote and agree terms?

Buy_It_Now

Cherry_Bomb wrote: »

My OH has been doing some private building work whilst he's on leave from his fulltime job.

He took a job doing a bathroom. Anyway he has got half way through and the customer has now text saying she has spoke to her brother in law (who lives in Australia) and he has said my OH is charging her too much. This has resulted in the customer saying she's can't afford to pay him.

Problem is she hasn't actually paid any money other than the cost of materials which she was given invoices for. He hasn't been paid a penny for his labouring costs.
OH took no money upfront as he's not a fulltime builder anymore and doesn't do major £££ jobs. He never thought doing odd jobs whilst on leave would end up this way.

What does he do now? She's completely ignoring him won't answer the phone or the door. Do we send a letter saying she has X amount of days to pay otherwise we take it further?
If so what options are there to take it further?

ETA sorry just realised I don't think I've posted this is the right place!

Sad situation. These non-paying "customers" should horsewhipped in public.

DVardysShadow

Write a letter, advising of the agreed price for labour and for materials and note the amount paid so far. State the a text was received stating that the customer did not wish to proceed. Ask for clear instruction to continue or cease in writing and state the amount to be claimed for work so far and ask for payment in 21 days if the work is to cease. Keep copies.

After 28 days, if the money is not paid, you need to go down the route of getting a CCJ - come back and ask what you need to do at that stage if necessary. Don't be tempted to go back and start ripping stuff out.

Cherry_Bomb

Thanks for the replies. The quote was a fixed day rate + materials. She was at first very happy with this and after getting a few other quotes went with my OH. There's no written contract though.

The only paperwork he has are the invoices in his name but paid by her, I wonder if this would be any help if it goes to court? Other than that there's text messages and a voicemail from her agreeing to days he's said he can go round

Cherry_Bomb

DVardysShadow wrote: »

Write a letter, advising of the agreed price for labour and for materials and note the amount paid so far. State the a text was received stating that the customer did not wish to proceed. Ask for clear instruction to continue or cease in writing and state the amount to be claimed for work so far and ask for payment in 21 days if the work is to cease. Keep copies.

After 28 days, if the money is not paid, you need to go down the route of getting a CCJ - come back and ask what you need to do at that stage if necessary. Don't be tempted to go back and start ripping stuff out.

Thanks a lot for this. Do you know of any templates we could use for this letter or would just a standard breakdown of costs + payments so far be ok?

WhiteHorse

Good advice by DVardysShadow.

Start creating a paper trail. When you have one, hit her with a small claims court action.

Acc72

Cherry_Bomb wrote: »

My OH has been doing some private building work whilst he's on leave from his fulltime job.

You need to consider how much he is owed before deciding how to proceed.

As it looks as though your husband is a full time employee on PAYE, was he intending to include this income on his tax return ? (also, does his employer allow him a second job whilst he is on leave ?).

If your husband does write to the "customer" he is effectively providing proof that could be used against him should the customer decide to inform his employer / HMRC.

Is it worth the hassle ? - or, just chalk it up to experience ?

If he does decide to go down the legal route he needs to write a polite letter today detailing exactly what has been done, what has been paid for and what is outstanding - and request immediate settlement of the outstanding amount.

If it is not paid in 7 days, write again (slightly more assertively) referring to the initial letter stating that payment has not been received and that he is requesting immediate settlement.

If it is not paid in 7 days, write again a "7 day letter / Letter Before Action" specifying that if the outstanding amount is not paid in full within 7 days that you will commence legal action without further notice.

If it is not paid in 7 days, then commence legal action.


Do a search on Google re : credit control letters and LBA's etc. for the wording (although avoid American sites !) and also the on-line service to commence legal action.

brightonman123

and dont do any more work, til sorted!

ILW

Go round and "undo" any work he has done. Tends to bring things to a head.