Contractor refusing to pay

smifferson

Mistral001 said:

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.

I hadnt considered this route buy will call my accountant tomorrow. Thank you.

smifferson

saajan_12 said:

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

This is pretty much what I ended up sending to her today. Thank you for confirming

smifferson

Update. 

I sent her final letter either advice from my insurance provider. It's very similar to what you all have suggested so thank you all.

She has sent me an email claiming that I did  substandard work on 2 jobs. Out of the 10 jobs I have done the 2 jobs she picked happen to be for a rental company that shares the same name as her business partner and tge other was for her mother who happened to let slip who she was whilst I was there. All other jobs are for other rental companies so harder for her to fake. No evidence of any if the works being faulty.

She also claimed that I didn't quote correctly tky for a job she asked me to survey. I print screened tge job and quoted e actly as asked, however she has claimed she asked for other information on the job ticket which has conveniently been removed online. ( thank God I screenshotted the original)

She asked me to amend my invoice to half the price. Which I have responded to that only full payment of original invoice will stop further action. 

She then sent me half the money and emailed saying she wished me well. Once again I have followed up that only full payment by the specified date will stop action being taken.

In a way the fact that she sent me half after I refused to amend my invoice I feel further puts her in a  bad and guilty light. 

I await the payment deadline fully prepared to take things further.

fluffymuffy

Good for you! In my experience, people tend to pay up as soon as they receive the notice from the small claims court online that I have registered a case against them. 

ThisIsWeird

Looking good, Smiffy!

You are now in zero doubt as to the calibre of this person. Reverse your positions for a second, and imagine you behaving like this - being able to spew out lie after lie with such utter deviousness. And, in her head, she'll still be telling herself that she's the 'victim'. Extraordinary, huh?

Well done - keep to the mantra that only full payment will prevent further action. Don't get sucked into any other conversation.

You can expect the full amount by the date you set If not, move swiftly on to the next stage.

Once this is over and she has paid up, you can let as many of your trades colleagues as possible know of what has happened, and what she is like. Obviously, sticking to the essential facts.

smifferson

Thank you all, I'm hopeful it will get sorted soon. It's really not about the money but more letting this lady know that she can't treat people like this. 

I agree I think she's a compulsive liar and a bully, she's starting to believe her own lie. I wish I could share some of the voice notes I have received but probably not appropriate.

I will definitely make other trades aware of her behaviour, I'm hoping this process will make her re evaluate how she treats tradesman but I don't hold out much hope that she will.

ThisIsWeird

She won't change - it is in her DNA.

Any expressed 'contrition' will also be phony, and be solely designed to paint her in a better light, or to ease off a penalty, or as part of the pretence she feeds herself as well as others that she's actually a decent person. Never ever underestimate the deviousness of such folk. Quite literally, their brains do not operate like other folks.

Right now, you are seeing that person for what they truly are. Devious phonies who will take and take at the expense of others - those with empathy. They feed on decent people. That is it.

So, yes, make other relevant parties aware, but don't share recordings and stuff, just explain the facts of what happened, and the lies told. 

Well done

twopenny

I'm rubbish at maths but 2 out of 10 doesn't equate to 50%. What a cheek! She's still trying it on.

I've had experience of people like this in other walks of life, thankfully they are few but 'memorable' and when it's done put it in a z folder and don't let it colour your view.

Most of us appreciate trades and pay on completion knowing how important that is.

smifferson

twopenny said:

I'm rubbish at maths but 2 out of 10 doesn't equate to 50%. What a cheek! She's still trying it on.

I've had experience of people like this in other walks of life, thankfully they are few but 'memorable' and when it's done put it in a z folder and don't let it colour your view.

Most of us appreciate trades and pay on completion knowing how important that is.

I know it's all rubbish. And yes I full agree it is a very small few that are like this thankfully. I really enjoy my job helping people out and charging a fair price. Vast majority of people are appreciative and have a similar attitude to you which is lovely!

smifferson

ThisIsWeird said:

She won't change - it is in her DNA.

Any expressed 'contrition' will also be phony, and be solely designed to paint her in a better light, or to ease off a penalty, or as part of the pretence she feeds herself as well as others that she's actually a decent person. Never ever underestimate the deviousness of such folk. Quite literally, their brains do not operate like others folks'.

Right now, you are seeing that person for what they truly are. Devious phonies who will take and take at the expense of others - those with empathy. They feed on decent people. That is it.

So, yes, make other relevant parties aware, but don't share recordings and stuff, just explain the facts of what happened, and the lies told. 

Well done

Your encouragement and advice is really appreciated thank you. It's helped keep me going that I am doing the right thing and to stick to my principles.