[Mike Halliday]

did a job last week pressurewashing, £350 and his cheque was returned.

 he called us back 2 day after finishing as we had missed a bit on the top of the wall (which was not part of the job but we did it anyhow).

while we were doing the wall top his neighbour came out and complained about us splashing his car, we said sorry and rinsed it off. then the neighbour  said" have you been paid" as he has had to call the police 4 times in the last year because of people coming round to his house and causing a disturbance.

so it looks like he is a serial non payer

I know I could do lots of things to intimidate him but to start  I want to be more subtle.

he owns a flash restaurant in the centre of town, I was wonder what the legalities are of going in on an evening and loudly causing a scene, i won't use foul language just make a big nuisance of myself then tell him i will be coming in every evening and doing the same until he pays up.

what could he do?

I don't think he could get the waiters to physically throw me out, he could only ask me to leave and then call the police and when they come I just leave and come back an hour later.

what do you think?

[Steve Chapman]

Why not get alot of friends together and go there for a meal, order stacks and then when it comes to paying just all get up and leave 

With a large number, it would be difficult to challenge you, or you could tell him to send you the bill and you'll consider paying it when he pays his .

not sure how you would stand legally, but it would wipe the smile of his face.


steve

[CATMAN]

Hi,

I have just the same issue.

The best thing to do is issue a summons from moneyclaim online. Siting the Bill Of Exchange Act 1882, a cheque is a guarantee to pay for a service. You have no need to mention for what the money was for.

You can request a summary judgement as there is no-defence. He cannot say you didn't do the job properly that is not what you are claiming for. It will bollox up his companies credit file and you will get your money.

Regards

Graham

[Simon@arenaclean]

Send a polite letter with a photocopy of the returned cheque, keep original. Request payment within 7 days (state date) and include an SAE. State it is company policy to pursue non payment, the costs of which will be added to the bill plus an administration charge of £25. If he does not pay find a recovery company or go through the small claims court. I have had about 4 in 20 years 3 of which paid the other I issued the papers through small claims and he brought the cash round. I would not do anything else because sadly this git has rights too!

If you have already done all this then the gloves are off, collection agency who will make his life hell.

[Kevin Wheatley]

I am no lawyer,but I am aware that it is illegal to stop a cheque, so therefore no defence, but I am not sure re a bounced cheque.

[Simon Gerrard]

I'd have a slap up meal at his restaurant and when the bill comes stick your invoice on the table and say 'take it out of that!'
Or, get a load of your mates to book tables for six on Saturday night and don't show up, it willcost him bomb in lost business.
Simon

[gwrightson]

flash restraunt in town centre, your kidding arnt you Mike, have to really rack my brains to think of of any thing like posh, unless your refering to beverley and not Hull 
well any way book me in for a meal and the works for me and a friend when you decide to go 

geoff

[Steve. Taylor]

Mike follow this advice

Get a group of people book table order plenty of food DO NOT ORDER PLENTY OF ALCHOOL make sure that each person leaves an amount of food on their plates complain after starter course, continue to main course leave a small amount again, complain again. do not ask for the bill wait to get it.

Refuse to pay bill DO NOT LEAVE THE PREMISES normally they lock the door and just let the other customers in and out MAKE SURE EVERY BODY IN YOUR PARTY HAS THE FUNDS TO PAY ON THEM and remains polite & calm

Wait for the police to arrive be polite and explain the reasons why you are not willing to pay
EXAMPLE several of your party have found hairs in the food, make sure other people in the resturant can here whats going on, explain you are willing to take this matter to a civil court. THATS IT POLICE WILL NOT BE INTRESTED OTHER THAN TAKE YOUR ADDRESS

As long as you entered the premises with the funds to pay & most important the intension's of paying and you do not leave the premises you have not stolen anything the moment you leave, this is theft. YOU WILL HAVE TO PAY THE DRINKS BILL SHOULD THE POLICE REQUEST YOU TO  DO SO.

Been there got the T-SHIRT  

[Mike Halliday]

thanks for the answers so far but I don't really  want to eat in his restaurant, i want the money..... and if I go in for have a meal  he will know straight away what i am doing and spit or put snot in my meal.

as for taking him to court or damaging his credit  file I've got a feeling its all been done before. if i take him to court it doesn't mean I will get my money or he pleads poverty and pays a £5 a week.


...............................................
I went to see him this afternoon and he demanded to see the cheque that had been returned ( which is still in the banking system I only have the letter from the bank) then he said the cheque will be represented and until its refused again he can't pay me the cash as i might get paid twice.

after explaining that I will only accept the cash with no excuses he said he will pay me cash at 10am on monday. I don't see it happening

Monday is valentines day and his restaurant will be fully booked

[Dave_Lee]

He is right in a way Mike. When a cheque is returned, you are notified and charged, so don't forget to add that to the bill.
Unless the cheque has been physically returned to you with the notification, it will automatically be re presented, he gets charged each time it bounces, but so do you.
This can happen up to three times, with three days in between each re presentation, after that it will be sent back to you. Keep it as evidence.
Dave.

[Mike Halliday]

i'll see if this works, this a link to his house on google maps you can actually see his house and the bloody big drive i cleaned

http://maps.google.co.uk/maps?ll=53.756558,-0.458894&spn=0,0.009613&z=17&lci=com.panoramio.all,com.google.webcams&layer=c&cbll=53.756415,-0.458705&panoid=C0ypbO3US7NECli0VH7CzQ&cbp=12,48.28,,0,5.16

[Jon Tabbener]

That's it then turn up on Monday for cash i he doesn't pay make a scene in the evening until he pays up. It will one his best nights for takings.

[Paul W Jones]

You want to keep the guy on your side to start with.  He's given you a cheque so there's no denying he owes you money.  Just tell him that the cheque has bounced, you'll call round and give it him back and to make up for the hassle you will now expect to be paid in cash.  Going out of your way to upset him won't make things easy!

[Steve Gunn]

One of the reasons I stopped taking cheques cash or card now it was happening more and more. Hotel paid me by cheque which bounced I turned up and they were refusing to pay as head office had to authorise it,someone was checking out and I told them just get them to send you an invoice and pay in 6 months as thats how they operated,I got cash there and then

[derek west]

i didn't get charged for a bounced cheque and i got my cheque straight away when it bounced with a letter saying not enough funds, the cheque originator was charged £20 foir the bouced cheque. i was told i can pay the cheque in 3 times (without charge if it bounced again) within 6 months. on the second attempt it cleared, if it had not she would of been billed again.

[clinton]

Mike maybe have a word with roger(dr carpet)Ex bank manager as  he dealt with many people like that and gave me the right advice when one client did it to me last year.

[pncleaning]

Mike

Offer him a 100% discount on the next clean   

No seriously I hate people like this, how would he feel if his restaurant customers did not pay for the food they had eaten, the b*****d would be up in arms. I would go round to his restaurant when he was busy with the returned cheque and demand the money and I would also speak loud enough so all his staff and customers could hear.

Paul

[pncleaning]

Sorry Mike

Should have said go with the letter as you dont have the cheque back yet. Thats why he has a nice big house cos he dont pay his bills

Paul

[julianb]

Some years ago I spoke to a carpet cleaner who had the same problem, he paid £50 to a big friend who sat at a table and then flipped it up and said 'pay the carpet cleaner' and he was paid nice and simple on that occasion.

[james roffey]

I'd have a slap up meal at his restaurant and when the bill comes stick your invoice on the table and say 'take it out of that!'
Or, get a load of your mates to book tables for six on Saturday night and don't show up, it willcost him bomb in lost business.
Simon

Writing the cheque admits libility, he owes you. just make yourself a priority in his mind to pay he probably is "robbing Peter to pay paul" lots of jokers like this you just have to cause him some inconvenience, within the law though keep the moral highground otherwise you may have problems if you take the legal action route.   good luck