Contractor refusing to pay

fluffymuffy

I would title the letter "Notice Before Action", omit anything irrelevant to the aim of getting paid, include a specific time and date for full payment to be received (e.g. by 6pm on Tuesday 16th October 2022,) and then send it by recorded delivery in the post. I would cease all correspondence by WhatsApp and email.

MysteryMe

I would also send a copy by regular mail with proof of posting, that way she does not get the chance to refuse delivery / non collection.

twopenny

We can't all stop paying bills because someone has been taken seriously ill or died. I doubt it's true but even so it's not an excuse in any way.

As she is saying she will only say part without specifying anything further I hope you are including the sum owed along with the date and indication of taking it further. Just to establish exactly what you expect

Good luck. I've met people like this, there aren't many but they convince themselves they are right because being in the wrong makes them have to admit that they are taking the worst advantage of others when they see themselves as being clever and canny.

ThisIsWeird

Silly woman.

All rope for her to 'ang 'erself with. It doesn't matter whether it's true or not, but it's certainly classic Narc behaviour - playing the victim, when they are the villain.

You remain professional, and make no reference whatsoever to any of that. Don't get side tracked.

Take advice from your provided service, and proceed...

smifferson

Yeah the more she messages me the more she seems a bit mental and deranged. I'm awaiting to hear about the apparent work that has been done badly, I actually left all the tenants and they were all extremely appreciative, also have all the phone  numbers to arrange the visits as well so could always call and double check about work as I highly suspect that all the repairs i undertook are working correctly. Or maybe this would be inappropriate? Should I just ignore  what she's says about my work and just press ahead with a legal letter and ignore all the noise and bluster coming from her?

You've all been so helpful, so pleased there are forums like this!

ThisIsWeird

Is there any reason why you haven't called up your help line? Really, that is what you should be doing.

She isn't deranged, but is an entitled chancer - a mini-Trump, as it were. Same mentality, utterly devoid of empathy. Almost certainly, as you suspect, she has done this to others, and also knows that most folk just back down as it's too much hassle for them to pursue it. And everything seems to be countered by her claims; "You want your money? Well - hah! - your work ain't good enough!" It obfuscates the whole process, and folk just don't think it's worth the aggro.

So, keep it simple.

1) You have a submitted an invoice for works carried out.

2) She has asked you to put her name on your materials purchase invoices. (? Something like that)

3) You have rightly said 'non'. (as you are an honest tradesperson)

4) She then claims there are problems with your work.

5) You have asked her to detail these problems.

6) She has not replied.

7) She doesn't reply to further contact.

8) She has blocked you on WhatsApp.

You now go 'letter before action', and - if she doesn't respond positively - you go MoneyClaim.

It's not for you to go running around trying to prove that your work is fine, it's for her to prove it ain't - she's the one who made this claim. You have rightly asked her for this evidence, and she has not replied.

Get your ducks in a row as above, and call your advice line tomorrow. Follow what they say to the letter. You are dealing with a slimy character, so you mustn't make a mistake.

smifferson

I have tried calling them but they are not open at weekends fir this service, so it's on my to do list tomorrow.

All of your points are correct and I
agree I think it's just way of clouding the issue of non payment and making it complicated.

Auti

Hello,

Do NOT respond to her - keep all communication from her but do NOT respond. 

Phone helpline - follow their instructions - tell/show them your letter demanding payment  (to check it is appropriate) and go from there.

If helpline do not get involved send the letter/email (let us see the final draft) and go on from there.

She is digging a bigger and bigger hole - don’t let her drag you into it!

Mistral001

This person is a chancer.  The invoice change, could be because she does not know much about business and she thinks it is OK to do that, but more likely she knows that is a shady thing to do and probably illegal.  Have you thought about getting an accountant rather than seeking advice online from strangers. I am not an accountant by the way, but any accountant worth their salt, would answer your question as to what to do in about 10 seconds.  You could also say to her that you have consulted your accountant and he/she has said xyz.   In 25 years of business, I have found that will get things moving quicker than anything. 

Of course, it will cost you something for an accountant, maybe a few hundred a year, but remember you are in business and not a  DIYer.

saajan_12

smifferson said:

Update::

She has resorted to ignoring requests for payment and has blocked me on WhatsApp..  I'm just drafting her an email and would appreciate input into whether it's appropriate and anything else I should include.

The email is as follows:

Dear *****

This is your final chance to make payment.

If you don't make payment:

1) I am member of a construction scheme and they have a disputes and fraud team. They advise me that I have a strong case to use  MoneyClaim.org or failing that taking you to a small claims court and are happy to assist should i require them.

A contract can be verbal or written and you have breached the payment date you promised. The emails and whatsapps you have sent are enough to act as a contract.

The amount you owe will considerably go up due to paying fees and interest payments. Non payment can end up as a CCJ on your file if it goes to a small claims court.

2) I also have all your whatsapp voice notes saved and have been advised that what you were telling me about changing names on receipts and putting them through your business is actually tax fraud and HMRC would be very interested to hear about this. 

3) Having researched a bit further I see that this probably isn't the first time you have done this, numerous adverts on Facebook asking for multi traders, and you've openly admitted you've gone through several people recently who I presume have received the same treatment.

4) I wonder some of the estate agents who you work with would interested to hear about how you treat subcontractors? Not a good look for your business.

The legislation regarding construction contracts is here for your information:

https://www.legislation.gov.uk/uksi/1998/649/made.

Simply ignoring this email and blocking me on WhatsApp isn't going to work. I  expect payment to be made by Tuesday or will start proceedings. 

Sincerely 

****

Thanks for your help

I'd make it a lot shorter and to the (legal) point, instead of venting your anger. 

Dear xxxx
RE: LETTER BEFORE ACTION
On X date I worked for X hours / bought £X of materials under agreement to be paid / reimbursed by you. Such payment has not been forthcoming. Please pay the sum of £X owed within 14 days of this letter. 
You can pay via X method as you have previously. 
If payment is not made by this date I will have no choice but to raise a court claim for the unpaid amount. This will incur fees which I will also be seeking to recover from yourself. 

Sincerely 
xxxx