What rights when job cancelled?

[Handyman]

Woman phones up, asks me to look at a cupboard in her kitchen. I quote her a price and agree a date 3 days later, for 1 day's work. On the basis of this, I buy materials. On the due date, I turn up and measure ready for cutting materials. I return to workshop to cut materials and cut hinge holes in her door. Just about to switch on router, when woman phones and says she's changed her mind and doesn't want the work done. I returned cupboard door to her house and asked her for payment for materials and time. She said that I could take the materials back myself, and offered me £10 for fuel.

Without going into what I think of her, and what I could put through her letterbox, I intend to raise an official invoice for my time, etc, and pursue this to the bitter end through the small claims court, if necessary. (B*tch).

Question is: What legitimate charges can I add to my invoice (apart from time & fuel), given that any contract we may have was entirely verbal (as is often the case, in my line of business)?

Can I claim for the loss of earnings for the day allocated for her job? Can I add a random "cancellation charge"?

 

[JohnD]

You are entitled to charge for your actual losses, but not a "penalty."

An oral contract is binding... but where's the proof if it's not written down?

You will probably not be able to force her to pay and it is probably not worth your while making a small claim (sigh).

Send her a written invoice for time spent in your visits, and (say) half a day's loss of work.

Give her two written reminders when she doesn't pay.

Then give up.

 

[Softus]

As JohnD says, the verbal contract is binding. She doesn't have a leg to stand on.

You don't need proof of the contract, which is a non-sequitor anyway. If it goes to court then it will be judged on the basis of the "balance of probabilities", which means your word against hers.

Credibility is paramount here, so be calm and reasonable at all times. Keep all emotion out of your dealings with her. Don't get mad, get even. Hit a pillow if you get riles.

For example, if you earned, or could have earned, income elsewhere that day, that charge her only for the time you spent on her job, exactly as you would have done if the order was merely for the work that you actually completed. Don't claim for anything that isn't reasonable and wholly justifiable (in someone else's view). Don't add anything random or hard to justify - ultimately it will weaken your case.

Keep copies of any telephone bills that demonstrate you called her, and all materials invoices including times of collection.

Write a covering letter to the customer explaining your invoice, and the fact that you are billing for time that you could have spent earning elsewhere, but couldn't owing to her late cancellation.

Don't take the materials back if you bought them specifically for her job.

After 14 days from data of invoice, send one reminder, and another after a further 14 days. If she doesn't pay, then one more letter notifying that you will proceed to litigation after 7 days, then one last letter entitled "Notice Before Proceedings", and hold her liable for legal and court costs. 7 days after that, go to www.moneyclaim.gov.uk, enter your claim and pay your fee.

I've sued BT, MFI, a motor repairer, a motor insurer, a bloke who owed me a fiver, etc. I could give classes in this stuff I've done it so many times - the only one who ever got away from me has emigrated to Mexico, but I still haven't given up because he trades on the Internet.

 

[JohnD]

On the other hand, remember that what has annoyed you is losing a day, or half a day of your valuable time. How much more of your valuable time are you willing to spend on this woman and her trifling annoyance?

(p.s. I haven't really moved to Mexico... that's just what he thinks)

 

[Handyman]

Brilliant reply, Softus. Thank you.

I did (and still am) keeping my cool. I'd already planned to send her a 14 day reminder, and I will follow the extension to that as you suggest.

The time I spend on this will, for the most part, be evenings as far as possible, and as she has got right up my nose, it will be time well spent.

 

[noseall]

agree with the guys, pity you didn't manage to get ant dollars up front.

 

[Thermo]

i always do a written quote, with terms and conditions on and get the customer to sign it, be it friends, family or for the smallest of jobs. One of the clauses i put in it is once the work has been agreed then they are liable for any costs associated with ordering materials, restocking charges and any of my time etc etc.

Next time do it in writing, and after that always do it in writing!