Client not paying......

Client not paying......

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Discussion

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
What is the shortist notice I can request payment for before going to small claims?

I thought 14, but would like it to be 7.

She asked to raise 'issues' with my invoice over 5 weeks ago, but I have had nothing. So want to push her buttons.

It is for £5k so not really one to walk away from.

Thanks,

Porsche911R

21,146 posts

264 months

Tuesday 21st February 2017
quotequote all
Have you sent a final demand yet stating late payments act etc.
https://www.gov.uk/late-commercial-payments-intere...


If not do that

Then after that get a solicitor to send a demand, they will do that for about £30.

If it's not over 90 days yet you have no chance imo.

5 weeks is nothing in business payments.

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
Work was completed and invoiced 10 weeks ago.

This is not a B2B invoice it is a residential installation.

-Pete-

2,892 posts

175 months

Tuesday 21st February 2017
quotequote all
I had to visit a client every couple of days to get them to pay, I'd wait in their reception area and make sure everyone who came in knew they were late paying. It must've taken 5 visits to get the money. Phone them, email them, visit them, call them at home, write to them, if they have any money they'll get tired and pay you to go away.

Needless to say I never worked for them again.

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
Usually we ask for payment up front, this one slipped the net with time pressures and I am regretting it now.

She claimed hospitalisation 5 weeks ago, but with 3 young sons and having left her husband I cant see it tbh. Either way 5 weeks is more than enough to 'raise points' against our invoice.


singlecoil

33,317 posts

245 months

Tuesday 21st February 2017
quotequote all
Thing is, does she have the/any money?

Even if you goes your way in court she might still get to pay in small instalments which will tail off after a few months.

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
Yes she does, she has rental properties with little or no mortgage on them.

And I checked with the builder and he has said he is all paid up to date (although why has he left a skip on the drive)


At least we can nip round and remove the aerial system without needing access to the house, if it comes to that.



Edited by VEX on Tuesday 21st February 21:48

-Pete-

2,892 posts

175 months

Tuesday 21st February 2017
quotequote all
Exactly what I thought, if by accident the quality of her service were reduced, would she be more willing to secure your services?

singlecoil

33,317 posts

245 months

Tuesday 21st February 2017
quotequote all
VEX said:

At least we can nip round and remove the aerial system without needing access to the house, if it comes to that.
If it's fixed to her house it's hers, whether she's paid for it or not. Tread carefully, taking it without her permission would be theft.

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
Except my T&C's say title is reserved until payment.

Quite easy to remove without damaging property, or even just cut the cables, but I would like to option to re-instate them if she paid.

V.

singlecoil

33,317 posts

245 months

Tuesday 21st February 2017
quotequote all
VEX said:
Except my T&C's say title is reserved until payment.

Quite easy to remove without damaging property, or even just cut the cables, but I would like to option to re-instate them if she paid.

V.
Doesn't matter what your T&Cs say. If you fixed it, it's hers

S.

VEIGHT

2,362 posts

227 months

Tuesday 21st February 2017
quotequote all
Sorry if this is a silly question but have you called her?

What has she said?

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
Her past communication with me said she would send an email addressing my 'proposed invoice'

And to stop relentlessly calling a texting her!! (3 texts over 2 weeks and 1 call a day for four days after she didn't respond to the texts)

So not willing to talk to her, need to formalise the start of chasing this.



VEIGHT

2,362 posts

227 months

Tuesday 21st February 2017
quotequote all
Yep she's nuts.

Letter before action then i think 7 days and money claim online. If debt is the right size...

VEX

Original Poster:

5,256 posts

245 months

Tuesday 21st February 2017
quotequote all
I concur completely.

7 days on email,

Then 7 days formal letter

The. Claimline!


anonymous-user

53 months

Tuesday 21st February 2017
quotequote all
singlecoil said:
Doesn't matter what your T&Cs say. If you fixed it, it's hers

S.
What makes you say that?

VEX, what donyour t&cs say about time for payment? If your invoice is overdue, and it sounds like it must be, any time you give her now is just a courtesy. I'd write to her to say that as she hasn't followed up on her wish to comment on your invoice, you take it that she accepts it is fully due, and unless she pays in full in seven days you'll issue court proceedings.

Terminator X

14,922 posts

203 months

Wednesday 22nd February 2017
quotequote all
Porsche911R said:
Have you sent a final demand yet stating late payments act etc.
https://www.gov.uk/late-commercial-payments-intere...


If not do that

Then after that get a solicitor to send a demand, they will do that for about £30.

If it's not over 90 days yet you have no chance imo.

5 weeks is nothing in business payments.
Really? My monthly invoices state 28 days to pay and if not paid shortly after that I'd go after them. Taking the fking piss imho when the work was done months ago.

TX.

KevinCamaroSS

11,555 posts

279 months

Wednesday 22nd February 2017
quotequote all
singlecoil said:
Doesn't matter what your T&Cs say. If you fixed it, it's hers

S.
What law are you relying on for that statement?

singlecoil

33,317 posts

245 months

Wednesday 22nd February 2017
quotequote all
KevinCamaroSS said:
singlecoil said:
Doesn't matter what your T&Cs say. If you fixed it, it's hers

S.
What law are you relying on for that statement?
When he fixed it, it became a fixture. Up until then it was a chattel.

anonymous-user

53 months

Wednesday 22nd February 2017
quotequote all
singlecoil said:
When he fixed it, it became a fixture. Up until then it was a chattel.
I thought that might be the answer. For things like kitchen units, that is almost certainly true in all cases. For things like a TV aerial (which is what the OP is talking about removing) it's a lot less clear cut. And where the parties have agreed contractually that property in the thing supplied will not pass until it has been paid for, their common intention must be that it would remain under the ownership of the supplier - ie a common intention it would remain a chattel (at least) until paid for.