need advice....non payer

[Andy Allen]

im so angry with these plumbers, i did a bathroom for them about 7weeks ago, some of you might remmember it.. it was the tiles from hell and i worked my nuts off to get the job done for them, spent £200 on materials, and the ammount they owe me is £1000 in total.

after weeks of texting them, ringing them, emailing them i still haven't been paid, i managed to get hold of them today and they said thay haven't been paid themselfs due to 'issues' with the trim....first ive heard about this, they then go on to say there client has had someone in there replacing it all, and it looks unlikey they will get paid , which means i wont get paid due to my shoddy work!! i told them that if there had been any issues with my work then i need to be told about it so i can check it out and be given the opportunity to put it right.

reading between the lines, i think its some work they did there thats not up to scratch, i know that they tiled the boxing in , and added more tiling round the shower as i was unable to return to do it, and lets face it if there client would not pay due 'shoddy' tiling would you not be stright on the phone to the tiler demanding its put right?

i feel a court case looming and need to know if anyone has gone through this process and can give me any advice.

 

[macten]

I'd go round to the customers house and have a word, that way you would at least be armed with the facts.
Best of luck Andy, these threads make my blood boil!

 

[Andy Allen]

not as easy as that, the home owner, or should i say mansion owner looks up on us trades men as something hes stept in..

the way it is ....is this, the mansion owner employed a designer to oversee the renovation of his mansion, the designer employed the plumbers to do the bathrooms and they subbed the tiling out to me, so realy im only interested in the plumbers ...there my clients.

 

[Del W]

If you could see the (bad work)it might help.Hope you get it sorted.

 

[Rich]

Oh you poor bugger, sorry to hear this mate. I have used those tiles in the past and the only way of working with them is to swear constantly!

It is so horrible when this happens, I have had it once and I had to kiss good bye to the money but that was down to my own stupidity. I assume that it was all through the books and not cash in hand? Have you looked at getting legal advice? I dont think it matters if the plumbers are paid or not, they are responsible for the work as they subbed the work out to you. I think that is how it works but I am by no means a lawyer.

 

[Andy Allen]

If you could see the (bad work)it might help.Hope you get it sorted.

can't see the so-say bad work as apparently its already been sorted by the builders....with out me even knowing anything about it....something fishy going on me thinks....just cant get to the bottom of it.

 

[doit4u]

Have used the small claims court a couple of times and its easy to do. It can mostly be done on line. I would have a go for the small fee it would cost you, which you get back if successful. If you would like to chat PM me and I will give you my number.

 

[Stewart]

Plumber has to pay you regardless if someone else had to fix something and the customer hasn't paid him. Your contract is with the plumber and not his customer. Do you have any paper work regarding the agreement between the two of you?

 

[Andy Allen]

Oh you poor bugger, sorry to hear this mate. I have used those tiles in the past and the only way of working with them is to swear constantly!

It is so horrible when this happens, I have had it once and I had to kiss good bye to the money but that was down to my own stupidity. I assume that it was all through the books and not cash in hand? Have you looked at getting legal advice? I dont think it matters if the plumbers are paid or not, they are responsible for the work as they subbed the work out to you. I think that is how it works but I am by no means a lawyer.

its all above board mate, no cash in hand ........thats the way i read it to ,weather they get paid or not, is not my concern, iv'e done what i quoted for and want paying, if there was ever a problem with my work then i need to be told about it and given the opportunity to correct it , not just be told ....your works crap, its been fixed, were not paying you.

 

[Andy Allen]

Plumber has to pay you regardless if someone else had to fix something and the customer hasn't paid him. Your contract is with the plumber and not his customer. Do you have any paper work regarding the agreement between the two of you?

i have the written quoation and they have a copie too.

 

[Stewart]

I would let him know you plan to take him to the small claims court if you don't receive full payment within 5 working days and that he'll be liable for cost's and interest. Send it recorded delivery. For future reference... you should have your terms and conditions, including payment terms printed on the back of all your paperwork and get them to sign off on the estimate/quote saying they accept the terms...... Although in the past i've normally just turned up at their house to ask for payment directly from the one that's owe me it and that tends to work!

 

[White Room]

Like others I would try to have a word with his customer for some facts..

 

[jay]

you need to know both sides of the story

 

[Andy Allen]

just remembered, there a limited company, dose that make any difference should it go to court.

 

[Pebbs]

Andy I remember this job of yours, how dare they try and withold the payment. Whether they get paid or not, its not your problem, issue a 7 day winding up notice Andy, dont even mess around with this crap about chasing them. If someone dropped a 7 day notice on me, Id be on their doorstep with the cash in hand. Its the financial kiss of death for a limited company. Ring them tomorrow tell them you want paying immediately or your be issueing a 7 day notice. If they dont pay up it goes to a CCJ, and with that all their credit accounts with their suppliers goes out the window.

Dont mess around get on it, and hit them where it hurts.

Lynn

 

[hillhead]

Superb advice Lynn
Not nice andy, too much of this going around.

 

[White Room]

Must keep the 7 day notice in mind..good advise.

 

[peteablard]

I'd go through the small claims option. I'd check the internet for the exact details but i think you're also legally allowed to charge somewhere in the region of 6-7% interest per week on unpaid invoices! It worked for me once, I didn't get the interest but they eventually paid the original amount. Good luck fella

 

[JLM Tiling]

Pebbs is bang on, dont mess about just smash them with it. And as said it really is the financial kiss of death, they'll pay

 

[Andy Allen]

Andy I remember this job of yours, how dare they try and withold the payment. Whether they get paid or not, its not your problem, issue a 7 day winding up notice Andy, dont even mess around with this crap about chasing them. If someone dropped a 7 day notice on me, Id be on their doorstep with the cash in hand. Its the financial kiss of death for a limited company. Ring them tomorrow tell them you want paying immediately or your be issueing a 7 day notice. If they dont pay up it goes to a CCJ, and with that all their credit accounts with their suppliers goes out the window.

Dont mess around get on it, and hit them where it hurts.

Lynn

hi lynn, thanks for the advice, i realy do appreciate it, when you say issue a 7 day winding up notice, what do you meen by that, dose it have to be sent by a solicitor, or can i sort it myself.........send them a ......you have 7 days to pay my invoice or i will have no option but to start court proceedings ect, ect.....letter on my headed paper..

 

[Pebbs]

It works like this Andy,

You issue a letter which reads something along the lines of this:-



Dear bla bla bla

Re:- NOTICE OF INTENDED COURT PROCEEDINGS

Despite several reminders to pay my outstanding invoice to date no payment has been recieved for works completed at (contract address here).

This is to notify you that if no payment is made within seven days from the date of this letter, we will be proceeding with Legal Proceedings to recover the debt without further notice.

I enclose a copy of the outstanding invoice.

Yours sincerely



Bla Bla Bla

Then you wait, and if no money is forthcoming, you pop down to the county court, and get the form, fill it in and file it. There is a small fee for this, and the court will invite them to respond, if they do not, then it goes ahead and the judgement is served.

So Andy get that letter out, do not go into detail about the wrongs and rights, keep it short, attach a copy of the invoice, and send it RECORDED DELIVERY. They will be on the phone if they have any sense, and do not discuss any more crap with them, you slogged your guts out doing that wall, now you need to get your business head on, and slap em hard.

If they dont respond, we move onto the ccj proceedings... to be continued.

Lynn

 

[Pebbs]

I just read what I wrote two postings ago, a winding up notice is when you have got a big debt running with some scumbag contractor (which I have had from time to time), but for your debt they should settle after the 7 day notice is issued.

lynn

 

[Andy Allen]

thanks again lynn, you have been a grate help, will get on to it right away and keep you all updated..

 

[Andy Allen]

just an update, i fired a letter off to them (recorded delivery) and got a cheque today for the full amount, we had a few choice words on the phone a couple of days ago, but they knew they didnt have a leg to stand on

im glad its not going to court, it would of just been more stress i could do without.

big thanks to pebbs for the letter, it certainly did the trick and would recommend anyone eles having a simalar issue to use it.

 

[White Room]

Glad it worked out Andy, Pebbs info is well worth keeping in mind as well...

 

[doug boardley]

good to hear andy

 

[DHTiling]

Top news i say..🙂

 

[Mike]

nice result andy , be careful you don't drop the cheque though :lol::lol:

 

[The Legend; Phil Hobson RIP]

Good result Andy, and nice one Lynn.( foxy lady) and damn good business woman. Remind me not to cross you Pebbs:yikes::lol:

 

[Ian]

Excellent news, another point to the small business!

 

[user123]

Bookmark this thread, guys, just in case it's ever needed... I just have Really pleased for you, Andy 🙂