Small Claims Court - Solid Case?

ITGuy

Hi

Just looking for some advice.

I been running a successful computer repair business for approx 5 years without a single complaint.

I was contacted by a home user who was having problems with a web based flash game and advised updating adobe flash player was ending in an error.

I agreed to try to resolve his issue remotely. I spent a total of 55 minutes remotely trying to diagnose the issue and managed to successfully update his flash player. The customer advised it did not resolve the issue with his flash game. I asked him to bring his PC in. Normally I'd charge for the remote session but we have a no fix no fee policy which I'll come on to later.

Customer brought his PC in and showed me the issue. Basically a snooker game was jittery when playing. I suspected malware or just general PC clutter. I spent around 3 hours running sweeps and using advanced tools to clean up his PC. I removed multiple viruses and malware. I tested the game and it was running smoothly.

Customer came to my office, I showed him it running (he even had a game of pool to test) and he was satisfied I'd resolved his issue. He paid my flat fee of £45 by cheque and left.

A few days later he called to say the game was jittery again. As he'd confirmed it was cured before he left, I assumed he'd re-infected his machine. I was under no obligation to do anything further but our goal is to go the extra mile so as a gesture of goodwill I offered to carry out a reformat (factory reset) on his machine at no extra cost.

Customer agreed and advised he'd drop it off. 1 week went by without customer dropping it off. I called customer on his mobile but no answer. 2 mins later I get a blunt text saying he'd bought another PC and my service was no longer required. 'Oh Well' I thought.

A couple of days later I get a letter from the bank saying customer had canceled the cheque!

I called customer but again no answer. I emailed customer politely asking why he'd canceled the cheque and detailing the work and time spent on his computer. His reply was that I didn't fix the issue so he thought there was no fee. No fix no fee....

I replied advising him that our no fix no fee policy (which is clearly stated on our website) applied only if we were technically unable to resolve an issue OR provide a solution. In this case the solution was a reformat. Our site also states that if we are able to fix a problem but the customer opts not to go ahead then we will charge for our time.

After a few emails back and forth the customer agreed to bring his old PC in for a reformat. I replied giving him a deadline of 2 weeks.

Needless to say the computer has never turned up nor has payment been received. I emailed customer today to advise my disappointment and that I would now pursue my fee through the Small Claims Court. I also advised that I would delay this for a further 24 hours to give him time to reply with an alternative.

I wan't to pursue this out of principle but I know the fees can be painful if the case is lost.

Do you think I have a good chance of wining?

I have the full email history, call duration logs. In the email I state several times that I am willing to resolve his issue at no extra cost and he agrees to my offer.

Any advice would be appreciated.

Buzby

Suppose you win - at least you have his account details to get a payment order, so you are ahead of the game.

But be prepared to be disappointed, the unexpected can happen when you go to court, and you may just be a sting more tine and money.

Aquamania

ITGuy wrote: »

Hi

Just looking for some advice.

I been running a successful computer repair business for approx 5 years without a single complaint.

I was contacted by a home user who was having problems with a web based flash game and advised updating adobe flash player was ending in an error.

I agreed to try to resolve his issue remotely. I spent a total of 55 minutes remotely trying to diagnose the issue and managed to successfully update his flash player. The customer advised it did not resolve the issue with his flash game. I asked him to bring his PC in. Normally I'd charge for the remote session but we have a no fix no fee policy which I'll come on to later.

Customer brought his PC in and showed me the issue. Basically a snooker game was jittery when playing. I suspected malware or just general PC clutter. I spent around 3 hours running sweeps and using advanced tools to clean up his PC. I removed multiple viruses and malware. I tested the game and it was running smoothly.

Customer came to my office, I showed him it running (he even had a game of pool to test) and he was satisfied I'd resolved his issue. He paid my flat fee of £45 by cheque and left.

A few days later he called to say the game was jittery again. As he'd confirmed it was cured before he left, I assumed he'd re-infected his machine. I was under no obligation to do anything further but our goal is to go the extra mile so as a gesture of goodwill I offered to carry out a reformat (factory reset) on his machine at no extra cost.

Customer agreed and advised he'd drop it off. 1 week went by without customer dropping it off. I called customer on his mobile but no answer. 2 mins later I get a blunt text saying he'd bought another PC and my service was no longer required. 'Oh Well' I thought.

A couple of days later I get a letter from the bank saying customer had canceled the cheque!

I called customer but again no answer. I emailed customer politely asking why he'd canceled the cheque and detailing the work and time spent on his computer. His reply was that I didn't fix the issue so he thought there was no fee. No fix no fee....

I replied advising him that our no fix no fee policy (which is clearly stated on our website) applied only if we were technically unable to resolve an issue OR provide a solution. In this case the solution was a reformat. Our site also states that if we are able to fix a problem but the customer opts not to go ahead then we will charge for our time.

After a few emails back and forth the customer agreed to bring his old PC in for a reformat. I replied giving him a deadline of 2 weeks.

Needless to say the computer has never turned up nor has payment been received. I emailed customer today to advise my disappointment and that I would now pursue my fee through the Small Claims Court. I also advised that I would delay this for a further 24 hours to give him time to reply with an alternative.

I wan't to pursue this out of principle but I know the fees can be painful if the case is lost.

Do you think I have a good chance of wining?

I have the full email history, call duration logs. In the email I state several times that I am willing to resolve his issue at no extra cost and he agrees to my offer.

Any advice would be appreciated.

If you need to ask the advice of anonymous users on the internet, then there must be some doubt in your own mind as to the possible success of this claim.

Be aware that the costs for simply filing the claim would be £35 (£25 if done online) ... and that is just the start. A Hearing will cost more.

Even if you do eventually get judgement, there is no guarantee the defendant will pay up, involving you in yet more time & expense. If they don't have the means to pay, well you can't get blood out of a stone.

Sometimes it's best to just put matters down to a learning experience, and spend your time and effort running your successful computer repair business .

paddyrg

For £45 I'd walk away and chalk it up to him being a ****

ITGuy

Aquamania wrote: »

If you need to ask the advice of anonymous users on the internet, then there must be some doubt in your own mind as to the possible success of this claim.

Hi Aquamania

I appreciate you taking the time to give feedback.

Quite often I've had sound advice form anonymous internet users, particularly if they've been through a similar experience. There is no doubt in my mind that we are 100% in the right, what I do doubt is the legal system and there's just a chance that someone on these high traffic forums might know enough about this kind of thing to offer some advice I can use. If not, nothing lost.

It's also not about the money it's the principle of the matter. Yes I have and still am considering taking it on the chin, hence the reason I am here seeking advice, but I'm also still seriously considering pursuing it legally. Of course I'm not going to make a decision based purely on the advice of anonymous internet users, but any sound advice that may surface here will certainly assist.

Vectis

Is it worth it for £45? I certainly wouldn't bother. What I would do though is to tighten up my procedures so it was unlikely to happen again. Perhaps money in advance, or at least 50% in advance, and not by cheque. Be clearer about your no fix-no fee policy as it seems a bit ambiguous - you didn't actually fix the problem from what I can understand (the problem is still there). And, didn't it sound a little odd that someone would pay £45 to get a small flash computer game (aren't these flash games free or nearly free anyway?) fixed?

I'd write it off and try and learn from it.

ITGuy

Vectis wrote: »

Is it worth it for £45? I certainly wouldn't bother. What I would do though is to tighten up my procedures so it was unlikely to happen again. Perhaps money in advance, or at least 50% in advance, and not by cheque. Be clearer about your no fix-no fee policy as it seems a bit ambiguous - you didn't actually fix the problem from what I can understand (the problem is still there). And, didn't it sound a little odd that someone would pay £45 to get a small flash computer game (aren't these flash games free or nearly free anyway?) fixed?

I'd write it off and try and learn from it.

Hi Vectis

Just to clarify a couple of points.

The customer confirmed the fault 'was' fixed before he paid. He tested it in our office and left happy. He then called a few days later to say it wasn't fixed and we agreed again to work with him till it was (at no extra cost).

We charge a flat fee of £45 for any work we do on computers. As the customer plays the game regularly he felt it was worth £45 to have it fixed.

In terms of learning, to be honest in 5 years this is the fist time something like this has happened. We'll simply stop accepting cheques. We may look at removing the no fix no fee policy but then again it is something genuine, honest customers don't abuse.

bris

He bounced a cheque this is a fast track no lose case, 100% guaranteed win.

The law couldn't care less if you did nothing for the cheque, it is a promise to pay and a promise the courts uphold no matter what the circumstances, except for fraud of course.

If he has an issue he needs to counter sue.

Savvy_Sue

I'd start by trying a Letter Before Action (google it): it'll say 'pay up or we'll take you to court' and it's sometimes enough to get a payment made.

I'm not sure I'd take it on to small claims, given the sums involved, but the customer's not to know that.

Buzby

bris wrote: »

He bounced a cheque this is a fast track no lose case, 100% guaranteed win.

The law couldn't care less if you did nothing for the cheque, it is a promise to pay and a promise the courts uphold no matter what the circumstances, except for fraud of course.

If he has an issue he needs to counter sue.

BTDT - what the court decides is no guarantee of payment. There could be a queue of debtors wanting money. Without a guarantee of assets you are no more assured payment than if the court rubber stamped the request.

Property can be rented, cars can be leased, respectability can be faked.

motorguy

You need to chalk this up to experience.

All the hassle that will go with it for £45?

Not worth it. The customer is a !!!!!! and even if you "win" will never accept they did anything wrong.

The customer now wants you to be !!!!ed off. By making a whole kerfuffle with letter before action, small claims court, etc, etc, they will know they got to you. I wouldnt be giving them the satisfaction of even thinking this was on your radar.