[Jon Tabbener]

Where do I stand legally on this

Customer I did a job for last week has decided that not happy & will not be paying & if I decide to chase for payment will use social media against me & my business

I should add this was an end if tenancy job - no carpets - I also know this job was done correctly

This lowlife / customer has just decided not to pay & says she has instructed other cleaners through the agent to sort costing her more

She didn't even tell me she had issues or let me rectify them for her

Has she shot herself on the foot legally by not giving me that opportunity ? - it's not even about the money now to be honest dont try to threaten / scare me off I don't roll like that

Thanks

Jon

[peter maybury]

I have had this happen lot of times but only once  when a customer has used dissatifaction as an excuse. That instant was through a letting agent that we do regular work for and the landlord was paying us directly. The landlord was having other work done in the property and did not inspect for a fortnight.
We do insist that any inspections are made as soon as the job is finished as even after a few hours airbourne dust can settle from the air. This is the thing with cleaning you cannot run your finger over something after a tew days. The customer should have contacted you and given you the chance to rectify this. If you did get the case to a small claims court you might have dificulty in proving you did a good job without some sort of evidence other than that it is a matter of your word against theirs. But they would have to prove that they have paid for others to sort it out . You need these things in writing for evidence. You need to log phone calls and conversations.
I would register with Thomas Higgins and at least call their bluff and pay £2.50 to get a solictors letter sent . in many cases that will be. If that does not work it is up to uou to weigh the risk of paying for a ccj enough and the time it takes.

Peter
www.carpetcleanercardiff.comhttp://

[Simon Gerrard]

Legally she is well out of order. If there is a problem they have to inform you of it and give you the opportunity to put it right.

Simon

[Craigp]

So what if she moans on social media? Is her friends list going to make a difference to your business!? No it won't.

Go to small cliams, ignore her threats. Don't let her get anyway with this.

[Jon Tabbener]

Thanks for replies - I have already told her don't make me laugh re the social media threats - I will be taking this further don't worry about that

Thanks

Jon

[Craigp]

Good on you Jon, hate people like this, don't want to sound sexist but always seems to be crazy women, ha.

Some like to just 'see what they can get'

[Jamie Pearson]

Do you take after pics on every job? My guys do. I take pics on the survey, they take pictures of any damage, doorstep chips, paint chips, wallpaper tears etc all into the jobs Evernote folder. They also take after pics and close ups of problem staining or anything they dont successfully remove etc etc. we have now started to use videos with a VoiceOver of any issues.
I had a situation yesterday with an account that's six months outstanding pulled up the job file on my iPad and the copy of the quote/qualifications and after pics showing it was all issues post our work and they asked for our bank details.

If they don't pay this week I will go kidnap their dog.

[Russ Chadd]

I always take before and after pictures when i work for several reasons, for a start you have pictures to show as evidence if there were a dispute plus you also have something for your website etc...

[from edge2edge]

Hi Jon As the guys have said go get her..........................then bell me  when you win and i will come over to Cardiff and drink lots of beer with you......................Alan(swindon).......I might even buy some

[from edge2edge]

Jon i forgot to mention    never be bullied just look at the magnicent men in blue who did the Croatians in their own back yard........................hammered them 1-0..................................oh flower of scotland

[Neil Williams]

Am I missing something?
Don't you guys insist on payment at the end of the job?
That way if there's a problem you sort it, if they pay then that has to be an assumption of satisfaction.
Oh and EOT's are cash only just to be on the safe side.

[*Hector*]

Those are my rules as well Neil 

[bennymon]

Same as neil all EOT jobs cash only  del

[Mark Weedon]

Just so your clear Jon, legally you are entitled to put right any defect or wrong that you have made, it does not matter that there was no written contract, or anything like that. You should have name, telephone numbers, texts, email and start writing down your conversations with dates etc. you can pursue them in small claims court and you can put in for loss of earnings for your time spent in court too. Also if it goes over 30 days from job, the late payment act kicks in with interest, plus costs to take them to court.

For future jobs,and I'm assuming you never met the client, just done the job and billed them, it may be wise to ask for 50% upfront, we mever have any issues with this request, and balance after. The lads are right otherwise cash at end where poss.

Good luck mate

[Jon Tabbener]

Thanks for all the replies - just to be clear - I've been doing EOT cleans for 3 years  now & have never had an issue like this

As said eot are always cash on the day with a receipt - it is not always possible as I'm regularly contacted by landlords out of the area -

 I've only even asked for payment in advance on 1 occasion as it just didn't feel right- maybe that's a route I need to go down from now on for everyone

[Steve Chapman]

Ive had several of these and just dont mess about with them any more,

 I send a letter saying pay up in 7 days or I will apply for a small claims court judgement.

They normally pay up straight away.

 I've had about three i've actually pursued through the small claims court  ( its easy online ) and as soon as they've had the summons they've paid up. Most people dont want a ccj so it frightens them in to paying.

Theres no excuse for non payment if you offer to rectify the propeblem in a reasonable amount of time.

Regards
Steve

[Alby]

I always ask for payment on completion of the job. unless i know the customer.

You have to ask yourself if it's worth your while pursuing this in the small claims court.
How much does the customer owe you? against the cost of the summons, and a day off work to attend. and if it's adjourned yet another day off.

Agree with some post that sometimes just a treat of a summons can get people to pay, but on the other hand some people don't give a monkeys and just ignore and bin a summons. leaving you more out of pocket. Yes you will get the judgement but if the customer still does not pay, you then have to further shell out more money to instruct the bailiffs and even then there will be no guarantee they will recover the money owed.

sorry to be so negative.

Alby
 

[from edge2edge]

Yes Albi thats is a point of view but when i stop getting very angry and try my damnest to nail anyone who thinks they can steal my beer money then take me out the back shoot me and drop me in a hole cos i have lost the will to live.I have known Jon for a few years now and  he like us all i assume doesnt need to take this so push on Jon and nail this turd to the wall.............aaaaaaaaaaaaaaaaaaaaaaaaargh        rant over           Alan(swindon)

[Kev Martin]

I always ask for payment on completion of the job. unless i know the customer.

You have to ask yourself if it's worth your while pursuing this in the small claims court.
How much does the customer owe you? against the cost of the summons, and a day off work to attend. and if it's adjourned yet another day off.

Agree with some post that sometimes just a treat of a summons can get people to pay, but on the other hand some people don't give a monkeys and just ignore and bin a summons. leaving you more out of pocket. Yes you will get the judgement but if the customer still does not pay, you then have to further shell out more money to instruct the bailiffs and even then there will be no guarantee they will recover the money owed.

sorry to be so negative.

Alby
 

Once we start a CCJ action we don't let up.  All jobs with us are a pre signed contract and it works even for EOT's direct, through landlord or agent one of them signs and someone pays.
If we get a judgement and they don't pay within the time we then get an investigator in and do a search and if necessary when they have property or assets I have even filed a claim for bankruptcy.  Then they pay.  All that said we have only ever filed three times for CCJ in 9 years one paid immediately + cost of CCJ and a £100 for the time involved.  One paid after getting the judgement £700 and we were awarded an additional £915 and the 3rd one Mr Smartass who told me after getting awarded £3900 for his original £3K told me the CCJ made no difference because he had several laughed the other side of his face when his bill turned into £7900 after I filed for Bankruptcy against his house.  He Paid!!!

My advice therefore is if you start it don't give up.  We work hard enough in this industry without having to tolerate idiots!!!

Kev Martin
Marblelife Ltd
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