E
expertgasman
No, you can't.
Did you give her a written quote.
Are you legitimately self employed
These all have a bearing on the recomended route
Customer not paying bill in full, what can I do
- Thread starter JonnySouth
- Start date
No, you can't.
Did you give her a written quote.
Are you legitimately self employed
These all have a bearing on the recomended route
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I'm not sure on the ins and outs of the work, but if you are not paid the full amount and disagree the client deducting money, then do not bank the cheque.
If you accept the cheque then you have accepted it in full payment unless the customer specifically states that it is a part payment. Further, you can not state that you have accepted the cheque in part payment - it must come from the client
Send the cheque back and state that it is for the incorrect amount, and go from there.
If you are adamant that you are owed more as per an agreed sum or based on reasonable charges, then use the county court www.moneyclaim.gov.uk
If you accept the cheque then you have accepted it in full payment unless the customer specifically states that it is a part payment. Further, you can not state that you have accepted the cheque in part payment - it must come from the client
Send the cheque back and state that it is for the incorrect amount, and go from there.
If you are adamant that you are owed more as per an agreed sum or based on reasonable charges, then use the county court www.moneyclaim.gov.uk
When you quote for a job you put it all in writing (We have a scheduled works order sheet) and the customer signs it along with a copy of your T&C's
If the customer had signed it then you could have shown her the signed copy staating exactly what you are doing, the correct sizes and what isn't covered in the price which would have refreshed her memory.
Whenever you do a job, always think it's a court case and imagine the job you are about to do is going to go wrong and the customer isn't going to pay.
Never put how long it will take to do the job in writing and try not to put parts and labour down seperately, just put the one price.
Scare her with a few letters but if she doesn't pay then forget it.
If the customer had signed it then you could have shown her the signed copy staating exactly what you are doing, the correct sizes and what isn't covered in the price which would have refreshed her memory.
Whenever you do a job, always think it's a court case and imagine the job you are about to do is going to go wrong and the customer isn't going to pay.
Never put how long it will take to do the job in writing and try not to put parts and labour down seperately, just put the one price.
Scare her with a few letters but if she doesn't pay then forget it.
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Hi guys - lots of bad boys out there!
ive always stated in full detail what im going to be doing, i always print my terms and conditions on the back of my quotes, and the last one states that by agreeing to the work you agree with the above terms and conditions in full, one of them states that payment must be made in full when the work is completed.
i can never understand why people leave the job without payment, i always tell the customer il be done by Friday, i always try to give them at least 3-5 days notice of when il be finished. and il never leave unless ive been paid, if they say i haven't got the cash out of the bank yet, (the alarm bells should start ringing because of the notice ive given) and i just say a cheque will be fine.
i know two joiner's who work the same way, and they have never had a customer not pay, and i know two builders well one has since died but they always just left the bill then waited 5 days to phone the customer for payment, and they are always having chew getting paid.
i can never understand why people leave the job without payment, i always tell the customer il be done by Friday, i always try to give them at least 3-5 days notice of when il be finished. and il never leave unless ive been paid, if they say i haven't got the cash out of the bank yet, (the alarm bells should start ringing because of the notice ive given) and i just say a cheque will be fine.
i know two joiner's who work the same way, and they have never had a customer not pay, and i know two builders well one has since died but they always just left the bill then waited 5 days to phone the customer for payment, and they are always having chew getting paid.
I am under the impression that if a 7 day cooling off period was not made clear/offered in writing as outlined below it is not legally enforceable?
The Seller’s Obligations
With any contract you must be sure you have been presented with clear written notice of your 7 day right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable, even if a deposit has been paid. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. Any related credit agreements will also be cancelled. .
Where you have no cooling off period
If you are commissioning a service and work starts before the end of the 7 days, your cooling off period also comes to an end. But (and this is a very big but!), you must have been advised in writing and you must have agreed to it before the work commenced. If no notice was provided, the company may have acted unlawfully.
Source - http://whatconsumer.co.uk/doorstep-selling/
Doorstep selling but it's all the same thing as far as I am aware.
The Seller’s Obligations
With any contract you must be sure you have been presented with clear written notice of your 7 day right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable, even if a deposit has been paid. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. Any related credit agreements will also be cancelled. .
Where you have no cooling off period
If you are commissioning a service and work starts before the end of the 7 days, your cooling off period also comes to an end. But (and this is a very big but!), you must have been advised in writing and you must have agreed to it before the work commenced. If no notice was provided, the company may have acted unlawfully.
Source - http://whatconsumer.co.uk/doorstep-selling/
Doorstep selling but it's all the same thing as far as I am aware.
Funny, I don't remember hearing that, and I've never heard of your website. I don't find that information on the official government website, which is http://www.consumerdirect.gov.uk although it does say, specifically for doorstep selling
The Doorstep Selling Regulations
The Cancellation of Contracts made in a Consumer's home or place of work etc Regulations (2008) give you protection when you buy goods or services from a trader on the doorstep or in the home (or in someone else's home), at your place of work, or when you buy from a trader on an excursion they have arranged away from their business premises.
If you change your mind about a purchase above the value of £35, you have at least seven calendar days to cancel the contract (the 'cooling-off' period). It does not matter whether you invited a trader into your home or not - the Regulations cover both solicited (invited) and unsolicited (uninvited visits or 'cold calling').
A trader must advise you in writing that you can cancel the contract – this information must usually be set out in your contract and should be legible and have equal prominence to any other part of the agreement. If there is no written contract, you must still be given this information in writing at the time you agree.
If you are not given this information in writing the trader can't hold you to anything in the contract. The trader may also be guilty of a criminal offence, and may be investigated by your local authority Trading Standards Service....
etc
Do you have a reference to a law passing through parliament?
The Doorstep Selling Regulations
The Cancellation of Contracts made in a Consumer's home or place of work etc Regulations (2008) give you protection when you buy goods or services from a trader on the doorstep or in the home (or in someone else's home), at your place of work, or when you buy from a trader on an excursion they have arranged away from their business premises.
If you change your mind about a purchase above the value of £35, you have at least seven calendar days to cancel the contract (the 'cooling-off' period). It does not matter whether you invited a trader into your home or not - the Regulations cover both solicited (invited) and unsolicited (uninvited visits or 'cold calling').
A trader must advise you in writing that you can cancel the contract – this information must usually be set out in your contract and should be legible and have equal prominence to any other part of the agreement. If there is no written contract, you must still be given this information in writing at the time you agree.
If you are not given this information in writing the trader can't hold you to anything in the contract. The trader may also be guilty of a criminal offence, and may be investigated by your local authority Trading Standards Service....
etc
Do you have a reference to a law passing through parliament?
an official government website..
Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008
Section 7.8 onwards really
http://www.legislation.gov.uk/uksi/2008/1816/pdfs/uksiem_20081816_en.pdf
http://www.legislation.gov.uk/uksi/2008/1816/memorandum/contents
Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008
Section 7.8 onwards really
http://www.legislation.gov.uk/uksi/2008/1816/pdfs/uksiem_20081816_en.pdf
http://www.legislation.gov.uk/uksi/2008/1816/memorandum/contents
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www.pkc.gov.uk/NR/rdonlyres/9D37DB4.../0/CANCELLATIONOFCONTRACTSMADEINACONSUMER.pdf
and also
"Mr …
This is a link to the Cancellation of Consumer Contracts Made In a Consumers Home or Place of Work Etc Regulations 2008.
http://www.opsi.gov.uk/si/si2008/uksi_20081816_en_1
In relation to the Cancellation Rights given to the consumer, if you are going to get them to waiver their 7 day cooling off period then you need to include in the cancellation notice a statement to the effect that "If applicable you may be required to pay for goods and services supplied if work has commenced with your written agreement before the end of the cancellation period as defined above".
Additionally the wording of the waiver form could be similar to the example below.
WAIVER OF 7 DAY COOLING OFF PERIOD
(If you wish the works to be commenced right away)
To ______________________________(name of firm)
Address _________________________________
I/We hereby give notice that we wish to waiver my/our right to a 7 day cooling off period and request that you commence the contract between us right away.
Signed: __________________________________
Name /Address ____________________________________________________
Date: ___________________________
I hope that this information will be of assistance to you and if you need any further assistance please do not hesitate to contact me.
………
A………….
Trainee Trading Standards Officer
West Yorkshire Trading Standards Service
PO Box 5
Nepshaw Lane South
Morley
Leeds
LS27 0QP "
This was mentioned in another post so beware otherwise it could cost your dearly. No notice of cancellation rights no recourse in law ! on a defaulter.
ok read this !
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Johnny South put it down to experiance and forget it, belive me it aint a lot of money and it aint worth your peace of mind.
Unless you gave her her cancellation right you cant fight it through the small claims ............fact, they'll throw it out.
A good point she paid for the extra boarding, yeah it was her mistake (10 x 6 ) aint much anyway ! and this is a big AND she sent you a cheque !
what if she didnt send you anything ?????
Write a nice letter thanking her for her cheque and apologise for the mix up and tell if there's any problems to just give you a call.
To Quote Dale Carnigie " You cant win an argument, If you lose it you've lost it, If you win it you've lost it ! " corny title... book of wisdom " How to win friends and influence people"
Cast your bread on the waters !
Unless you gave her her cancellation right you cant fight it through the small claims ............fact, they'll throw it out.
A good point she paid for the extra boarding, yeah it was her mistake (10 x 6 ) aint much anyway ! and this is a big AND she sent you a cheque !
what if she didnt send you anything ?????
Write a nice letter thanking her for her cheque and apologise for the mix up and tell if there's any problems to just give you a call.
To Quote Dale Carnigie " You cant win an argument, If you lose it you've lost it, If you win it you've lost it ! " corny title... book of wisdom " How to win friends and influence people"
Cast your bread on the waters !
I agree, chalk it up to experience. I don't think you mentioned how much work was outstanding on the shed. If £90 is a fair price for the outstanding work then it's probably not worth perusing. OK you argue that she didn't give you the opportunity to complete the work, the court looks at the original quote and sees that it wasn't completed by you and she argues that it is a fair price to deduct. If it happens again you will know to emphasise that the full quoted price has to be paid even if they choose to finish it themselves. Probably worth writing to her to say that as you weren't given the opportunity to finish the job you won't guarantee the workmanship.
Other posts on here tell what a long and brutal process the courts are. A judgement in your favour does not compel them to pay, you would have to go back to court again if they didn't pay the judgement.
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mmm... if was right, then insist , until she accept. but if she was like a rubbish, i would say **** off then forget it . he he . this is life . why bothered for small money and make yourself not really happy.
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