# Can I hold him to ransom?



## my2leftfeet (26 Oct 2005)

Not sure what heading to post this under.  We got a person to do work on our house - he has not finished the job - because he has been fully paid and we are way down his priority list. [Lesson learnt ... no further discussion needed on why we we paid him in full!].  He has also done work for my company - which was why we engaged him in the first place.  He is now looking to be paid for work done on behalf of my company ... and I am tempted to hold his cheque until I get satisfactory completion of the work in my house.  We really are talking desperate measures here.  He did the main job about 3 months ago and despite literally hundreds of phone call and promises by him to turn up - he never has and we really don't think he has any intention of doing so.
Any suggestions?


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## paulocon (26 Oct 2005)

When you say your company, are you an employee or is this a self-owned company?

As an employee, I would imagine you would be threading on extremely dangerous ground there..


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## extopia (26 Oct 2005)

He has a hard neck, but there's nothing to stop him seeking collection from your company assuming it's a limited company which is therefore a seperate entity from yourself. 

Having said that, I'd "hold him to ransom" for as long as I felt I could get away with.


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## d2x2 (26 Oct 2005)

and when you can no longer get away with "holding him to ransom" make it clear to him that he will never get a contract again with you, your company or anyone else.

Could you seek redress to the small claims court?


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## Chris (27 Oct 2005)

Why not do the same to him, when he rings for his cheque, "promise" him it'll be on the way, and then do nothing.


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## my2leftfeet (27 Oct 2005)

Not my company - but cheque will not be released to him without my authorisation.  I rang him twice yesterday. First call was ignored. 2nd time he answered ... because unbeknownst to me - he was sitting in my office waiting for a cheque - having arrived in without notice while I was out. When I told him I wasn't giving him a cheque - he lost the head.  Got abusive and threatening.  Said that we have been hassling him .... "we even rang when he was on holidays".  Yes because 3 months later job is not complete!  I know I should not be linking both matters but as I said above - it's desperate measures at this stage.  I will have to pay him for company work - but I know that it will be last I see of him. {The company has decided not to use him again because of his unreliability}.


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## extopia (27 Oct 2005)

Hang in there. Does the company owe him more than the other job is worth to him to finish


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## my2leftfeet (27 Oct 2005)

Got a call from him short time ago.  Had a civilised conversation and got to say my piece.  I told him we don't do abusive or threatening.  He would know that from experience. He has promised that the work will be finished next week. I won't hold my breath but I think we will get it finished - by him - in time - but probably with a bit more pain in the interim.

I have agreed to give him the company cheque tomorrow - I don't see how I can't.

The biggest life lesson we have ever learnt - no matter how good/likeable/trustworthy/decent a person who does work for you appears to be - and he has been all of the above - and he did do a good job - never, ever, ever pay out on a job until it is 100% complete.  We acted that way with subsequent contractors and it worked like a dream - because you keep the control.


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## extopia (27 Oct 2005)

Don't do it. You'll probably never see him again. If you can wait a week for him to finish the job he can wait a week for the cheque.


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## ubiquitous (27 Oct 2005)

I agree. Put him off until you get paid. That's the least he deserves after being abusive & threatening to you. If you're worried about your conflict of interest, explain the whole scenario to your boss.


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## Carpenter (27 Oct 2005)

Give him a post dated cheque and ask him not to present it for payment until he has finished the outstanding work- see what he says to this?


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## RainyDay (27 Oct 2005)

Carpenter said:
			
		

> Give him a post dated cheque and ask him not to present it for payment until he has finished the outstanding work- see what he says to this?


No No No - Post-dated cheques are not legally binding. If he presents the cheque, the bank will be quite entitled to pay it immediately, regardless of the date.


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## Vanilla (27 Oct 2005)

Legally these are two seperate contracts and he is entitled to the money for the work he has done for the company you work for.

However, having said that, if it were me I would have a word with the boss, and hold tough. I'd ring the guy, tell him the minute the work is done the cheque will be there for him, but not before. Having had hundreds of vicarious experiences ( via trusting clients) over the years, this is the quickest way to get the job done.


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## my2leftfeet (4 Nov 2005)

Just to update.  I gave him the company cheque last Friday - def. against my better judgement - because I felt I had to separate the two issues.  He was meant to be on site Tuesday/Wednesday - didn't show.  Turned up yesterday lunch-time - worked till 6pm - left his tools [which was a very good sign!] - and showed again this morning to finish the job off.  We were very lucky.  Major lesson learnt.


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## extopia (4 Nov 2005)

Glad it worked out. Thanks for the update.


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