# Customer refusing point blank to pay for services rendered



## monstie (16 Jun 2006)

hi, I run a small  business and have a good few regular customers. Usually I bill people every month or two and this has worked fine with everyone. Recently though I gave a bill to someone for 2 months work and they refused point blank to pay it. Thers was no contracts or anything just a verbal agreement which has always worked fine, can anyone tell me where i stand on this?


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## miju (16 Jun 2006)

*Re: refusing to pay*

what services / goods did you provide him ?


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## monstie (16 Jun 2006)

*Re: refusing to pay*

hi miju, it is garden maintenance service


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## mf1 (16 Jun 2006)

They owe you the money, you are entitled to sue for it. If its  a smallish amount, your customer may take the view that you won't bother. 

mf


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## Superman (16 Jun 2006)

There is still a contract between ye.  Even if there is not you will still be entitled to quantum meruit. (i.e. you get paid a reasonable fee for the amount of work you did).

Write another letter, giving say a month to pay, also state that if it is not paid in that time it will be put in the hands of your debt collector.   Also state that all costs for the debt collector will be borne by him. 
(For your debt collector - just pick a good solicitor firm, the prices are generally the same so it doesn't matter which.  Explain the matter, they will send on another threatening letter, and then start proceedings).

The client will almost definitely fold before the thing comes to court.

One caveat: Does the client have a valid grievance?


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## monstie (16 Jun 2006)

Definitely not, we work to a agreed schedule and have stuck to it rigidly throughout the year as we do with every customer. The amount in question is €650, do i go after this or put it down to experience, also in 8 years of this kind of work i have never had this problem before.


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## beaky (19 Jun 2006)

Can you give any indication why they are refusing to pay? Even your own opinion on why they refuse.  Do they strike you as dishonest louts? Have you since heard stories about the clients? 

I recently refused to pay a bill because I felt the work was necessary possibly due to negligence and in any case had been completed before I was told of the problem and cost.  But I communicated with the person involved, kept it civil, and we came to a mutually acceptable agreement.  

Perhaps you should continue to explain the works you carried out, the expenses you incurred on their behalf, the hours spent working on thier property and the reasonable expectation you had of being paid for this.  Ask directly if the client expected to recieve your service for free and ask again for payment in full to settle the matter.  Reasons must emerge for the non payment and if they do not you are surlely in a stronger position to take further action.  

Does anyone know what part the small claims court may have in this as it may be a handy way to go if solicitors letter makes no progress.


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## Purple (19 Jun 2006)

Further to beakys post, keep a record of all contact with the other party


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## MugsGame (26 Jun 2006)

Small Claims court only applies to contracts between consumers and businesses.


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## monstie (28 Jun 2006)

so what options do i have then?


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## MugsGame (28 Jun 2006)

beaky's initial approach sounds best. Find out why first.


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## serotoninsid (28 Jun 2006)

Embarrass them.  Sandwich board with notice of your choice.  Or if you get to the stage where your going to write it off - tip a load of f.y.m at their front door.  Whatever you do, make sure they don't benefit from doing the dirt - or they'll just do it again to the next guy.


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## CN624 (29 Jun 2006)

Find out what their beef is before you go postal.


Does your mobile phone have a voice recorder option?
Pay them a visit to discuss the issue and wear a wire! If they can't come up with a valid reason on the spot then you'll have some evidence (not sure how it will stand up in a court) that they are just acting the b0llix.


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## monstie (29 Jun 2006)

As a very final option I had thought about the f.y.m one but f.y.m. would benefit them so i think rubble is a bit more difficult to shift. Incidently i have heard recently that this is not the first time this has happened with these b*****ds. I had also considered the "embarrass them into paying one" as this particular person has quite a high profile job in our health service so the sandwich board one outside his hospital might work well


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## beaky (29 Jun 2006)

*Re: refusing to pay*



			
				monstie said:
			
		

> it is garden maintenance service


If you planted any plants or layed any slabs etc suggest to them that ownership does not pass untill payment is made and the only way you see around the problem is to remove the paving/plants/mulch etc... Then try to make an appointment to do this under their supervision, as if it happens every other day, ie as if you have done this before.  Might scare them???


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