Contractor wont pay

Hope Im in right forum. I recently (last September) supplied product and fittted same as per instructions. Client was very happy with work. I issued invoice and heard nothing!!!!
One month later I rang for payment and was told by an underling that Id put the wrong name on the invoice and requested that I issue a credit note for the original and re issue with new name. This I did. A few weeks later I again called for money, I was told that I needed a tax deduction card. That the "new invoice name" were contractors and I was being treated as a subcontractor. Anyway to cut a long story short, everytime I call for money I get a different excuse. |For the last 2 weeks I was told that they would have no money till the end of the month. (I need the money to pay VAT bill on 19th). (I have never been late with a Tax payment). Today I received a letter from the company that I had the wrong date on the invoice!
I feel that they have no intention of paying. My question Am I entitled to go and get my products back? I spent a lot of time on the work end of it and know that I cant get this back, however I feel they have me for a fool!
Thanks in advance

Call in person and asks them what you need to do to leave with payment.

Don't leave without payment.

Is it a large company that owes you the money ?? If so and you still remain unsuccessful, hand the matter to a Solicitor for prompt action,

computerman said:

... I feel that they have no intention of paying...

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I think you are right; they are using you to support a positive cash-flow for themselves.

computerman said:

... My question Am I entitled to go and get my products back? ...

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If you issued your invoices with reservation of title, then I believe you are, but the product is not with your customer, but with theirs and legally I'm unsure how you stand with regard to entering the premises to remove your property.

Thanks for the replies, but hers is a little more information which may clarify things.

The product is a fixture in an under ground carpark which they own. They built this development 10 years ago and sold 50% of the parking spaces and retained the balance. I installed a barrier (most of the labor is underground cement and steel support,) but the barrier is above ground.

So to clarify, the product was not passed on to their customer. There are special locks on the barrier to which I do not have keys. I can get a locksmith to open it.

I feel that they have me for a fool and Id rather take a hit at this stage than later. Also the longer this goes on, there will be wear and tear on the product so I feel that this will be the next excuse for not paying.

In relation to having to pay for a solicitor.......I dont have the funds!

Here is the way things have run
1. Asked to provide information on product. Customer got my details from web site.
2. Customer was not sure what he wanted.
3. Met him on site (carpark) showed him products, he chose one instructed me on how to install it, I disagreed with his method, told him why but he informed me that it was to be drilled in ashphalt and that was final.
4. September, Started job, should take three days. Drilled out holes when a man appeared asking what I was doing. (It was fairly obvious), He told me that I was installing it wrong that I should have cut out the ground first. It turns out hes the boss. I explained that XX had instructed me to do it this way - where upon he stated that XX would'nt know his "This post will be deleted if not edited to remove bad language from his elbow"
5. I Had to close up go and get grinders, mixers etc etc and return the next day. I never changed the price.
6. When the job was finished, I posted in an invoice. I was originally told that the invoice would be paid when the job was done.
7. After 4 weeks I called looking for payment. I was told that I had put the wrong name on the invoice. (I used the name on their litrature). I said no problem, went home changed the invoice name and re submitted it.
8. After a couple of weeks I called again. I was told that As I was a subcontractor I would have to provide a c2 or tax deduction card. (This is why they wanted me to change the name on the invoice). I protested and argued to no avail. I said that Id had enough and that I "would do what I had to do" and hung up. Within 20 mins the financial controller rang me and agreed that I should have been told that I was dealing with a contractor before I commenced the job but if i downloaded a form of the net and submitted it to him in the office they would deal with it immediatly. This I did. When I called to the office they would not answer the door. I was also assured by this man that I would have payment (of the 65% )before christmas.
9. Christmas came and went.
10. Called looking for money. Was told that no one was in the office.
This happened twice.
11. Third time, got lucky. But was told that they would not payme because i did not supply a vat number. (mistake on my part).
12. Resubmitted invoice with vat number. sent by email.
13. Rang again. Told no money till end of the month, (last Thursday). When I explained that I needed the money to pay for the VAT bill on the 19th, he asked me to ring back on Friday (last).
14. I was busy and called on wed., instead. I was again told that I might get something at the end of the month. I told him that I woul put my kids on picket duty outside his office (AAABBBB WONT PAY MY DADDY).
15. Yesterday I receive a letter from the company (funny the name on the letterhead was the same name as was on my original invoice). Now they are not paying because the "The tax due date is in the wrong place"

Does this help clarify the situation? Im at my wits end!!!!

I hate to say it but it looks like this is going to be a Bad Debt. I can only assume that they owe you quite a lot of money ?? As a quick fix, I would try and disable the barrier. Then if they call you they will have to pay up. Otherwise if they have somebody else repair it you will be able to tell them not to do the work etc.

Its nearly 10 k. Whats particularly annoying is that a number of other people in the development approached me when they saw me doing the first part of the installation and asked me to do the same for them. When I mentioned this to my customer he told me not to deal with them directly as he would be billing them seperately. Had I not heeded his advice at least Id have some money.

I have one slight advantage, there is only one supplier of this product, Im his biggest customer, so if I remove the product, assuming Im permitted, I can make sure that no one else will supply him with an alternative.

computerman said:

When I mentioned this to my customer he told me not to deal with them directly as he would be billing them seperately. Had I not heeded his advice at least Id have some money.

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If this is a common entrance and your non-paying client is the landlord or something similar, why not go back and tell the others and in fact undertake the job for them.

Tried that, they have already paid my customer. It transpires that My customer was the developer who built these apartments 10 years ago. He retained 20 parking spaces for himself and sold the rest . Individual landlords/owner occupiers approached me for a few of the spaces (and they have given me written references). I was told by one of the owner occupiers that he would "invite me into the restricted carpark so that I could get my product back and would not be trespassing. There is no love lost between the owners and the developer.

Sorry if Im vague about my product, but I dont want to mention it on the site as I dont want to appear that Im advertising it.

Right -- something positive. He owns approx 20 of the spaces. So he owns assets. Brilliant and I know you don't want to use the legal route but if somebody owes you money and they have assets -- sue them, simple as that, especially as he has charged and collected for your installation.

If they have any point at all about your invoice being incorrect then you must rectify this first. I don't know what the 'tax due date' is but just correct it so they will have no defence later.

I'd say on this one you should instruct a solicitor- your solicitor will seek their fees from the debtor. If you have a family solicitor that you have used before they may even take this on for you on a no win, no fee basis if you are struggling financially. We wouldn't advertise this kind of service but would do it for existing clients only.

On reflection, I think I will go to a solicitor on Monday, list out the schedule of events as they happend and instruct him to issue proceedings. I will then go to the client and ask them (in their office what they want exactly on the invoice. I will ask for the original in their office and manually change it there and then.

As time goes by my products run the risk of being damaged and I am now afraid that they will use the excuse that the goods are faulty and still wont pay.

computerman said:

On reflection, I think I will go to a solicitor on Monday, list out the schedule of events as they happend and instruct him to issue proceedings. I will then go to the client and ask them (in their office what they want exactly on the invoice. I will ask for the original in their office and manually change it there and then.

As time goes by my products run the risk of being damaged and I am now afraid that they will use the excuse that the goods are faulty and still wont pay.

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You have to give them the correct invoice BEFORE issuing proceedings, otherwise you run the risk of having costs awarded against you.

Vanilla said:

You have to give them the correct invoice BEFORE issuing proceedings, otherwise you run the risk of having costs awarded against you.

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Give them what you are legally supposed to do - an invoice with a Number, your VAT number, your trading name and address, the date, description of goods / service, customer name and their P.O. number.

The best of luck

I have given them all that information, thats my point!!!

I will call them tomorrow and request that they give me in writing what they want exactly on the invoice. I think I can forget about getting the money in the shorttime, but at least It will be seen that I have adhered to their instructions.

Thanks for the advice.

jhegarty said:

Call in person and asks them what you need to do to leave with payment.

Don't leave without payment.

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The days of strong arm tactics to get payment are long over. That approach will lead to the Gardaí being called to remove you from their premises.

Use the legal route.