Disappearing customer.

Disappearing customer.

Author
Discussion

Saladin1971

Original Poster:

8 posts

85 months

Wednesday 10th May 2017
quotequote all
I'm a self employed woodworker, ash frameing and interior woodwork trim. I recently restored a frame and dashboard for someone.

Contacted the customer who arranged to collect them. The arranged date came and they did not show up. Since then, early March, every attempt I have made to contact my customer has been met with silence. Phone calls go straight to answer machine,text messages and emails have had no response. I have managed to contact his secretary / receptionist at his works and asked to speak to him but she always says he is not office based.

It's been two months now that I completed the work and I need the space in my workshop, as well as being paid.

What is the legal standpoint as regards selling these items to recoup my monies?

technodup

7,580 posts

130 months

Wednesday 10th May 2017
quotequote all
Leave a message or speak with the secretary. Explain that you need to speak with him and say you're passing the office later this week and will pop in to catch him. Don't make it sound threatening but do be firm.

Most people st themselves at the thought of someone appearing at their door for money and will resolve it prior. If they don't then you need to be prepared to go to the office.

And assuming you didn't, think about taking deposits.

Simpo Two

85,422 posts

265 months

Wednesday 10th May 2017
quotequote all
technodup said:
Leave a message or speak with the secretary. Explain that you need to speak with him and say you're passing the office later this week and will pop in to catch him.
Or just turn up.

Legally, if you have a contract/paperwork you could deliver it and then sue him, but it would be easier to send a recorded letter saying that if he doesn't collect/pay in 30 days you'll sell it to someone else. Then eBay it.

technodup

7,580 posts

130 months

Wednesday 10th May 2017
quotequote all
Simpo Two said:
technodup said:
Leave a message or speak with the secretary. Explain that you need to speak with him and say you're passing the office later this week and will pop in to catch him.
Or just turn up.
Well aye, but it's time out and can be awkward for the OP if he's not used to such things. Which is why most will try to avoid it. Ideally by paying what's owed.

trickywoo

11,789 posts

230 months

Thursday 11th May 2017
quotequote all
He doesn't want it and hopes you'll go away.

Hopefully you have a record of the work and cost being agreed in which case you can go small claims.


Hoolio

1,144 posts

221 months

Thursday 11th May 2017
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Email him stating that if he doesn't make payment in the next 7 days you will sell the goods to reclaim your costs.

singlecoil

33,605 posts

246 months

Thursday 11th May 2017
quotequote all
trickywoo said:
He doesn't want it and hopes you'll go away.

Hopefully you have a record of the work and cost being agreed in which case you can go small claims.
This is the correct answer.

Don't sell the goods (you might be on dodgy ground there) just issue a small claim.


https://www.gov.uk/make-court-claim-for-money/over...

droopsnoot

11,933 posts

242 months

Thursday 11th May 2017
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Also on the subject of turning up at his works / talking to secretary, it's not clear if this is the company that he works for and the woodwork is being done for that company, or whether it's just his work contact that the OP has and the woodwork is nothing to do with his job.

technodup

7,580 posts

130 months

Thursday 11th May 2017
quotequote all
droopsnoot said:
Also on the subject of turning up at his works / talking to secretary, it's not clear if this is the company that he works for and the woodwork is being done for that company, or whether it's just his work contact that the OP has and the woodwork is nothing to do with his job.
All the more reason he'd want to avoid an embarrassing confrontation. smile

Matt UK

17,698 posts

200 months

Thursday 11th May 2017
quotequote all
I'd start off by sending him a recorded letter confirming the work is done with photos, the price agreed is now due and due to space pressures you will have to add weekly storage costs to the bill if a mutually acceptable collection / payment date is not agreed within the next 10 working days.

And then escalate after that if required.

singlecoil

33,605 posts

246 months

Friday 12th May 2017
quotequote all
Matt UK said:
I'd start off by sending him a recorded letter confirming the work is done with photos, the price agreed is now due and due to space pressures you will have to add weekly storage costs to the bill if a mutually acceptable collection / payment date is not agreed within the next 10 working days.

And then escalate after that if required.
AIUI that's not legally enforceable due to not having been agreed at the time of the original contract.

Saladin1971

Original Poster:

8 posts

85 months

Saturday 13th May 2017
quotequote all
Thanks for the input chaps.

I'll be sending a letter to him on Monday!

trickywoo

11,789 posts

230 months

Saturday 13th May 2017
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All the best.

If it comes to it don't give up as the small claims process it well worth it to see justice done. You've done a lot of work and deserve the agreed payment.

Wacky Racer

38,160 posts

247 months

Saturday 13th May 2017
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In future, I would insist on a non returnable deposit, that at least will cover some of your costs.

What kind of money is involved?

Saladin1971

Original Poster:

8 posts

85 months

Saturday 13th May 2017
quotequote all
Fortunately it's a relatively small amount, just over a grand.

But it's enough for someone at my level to have an effect. Especially as I've had other issues to deal with. A month in hospital late last year due to illness and then my elderly father was struck down with a series of heart attacks.

So it's an annoyance I could have done without.

Wacky Racer

38,160 posts

247 months

Saturday 13th May 2017
quotequote all
Saladin1971 said:
Fortunately it's a relatively small amount, just over a grand.

But it's enough for someone at my level to have an effect. Especially as I've had other issues to deal with. A month in hospital late last year due to illness and then my elderly father was struck down with a series of heart attacks.

So it's an annoyance I could have done without.
A thousand pounds is a lot of money unless you are an oil sheikh.

Someone I've dealt with for well over twenty years ordered £600 worth of goods I had to get in specially last year, never came for them, gave me loads of excuses, apologies etc, eventually I gave up.

It won't happen again.

Good luck, and I hope the health situation for you both improves.

thumbup

markcoznottz

7,155 posts

224 months

Monday 15th May 2017
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Forget it, he doesn't want so certainly won't pay up even if confronted. This happens a lot nowadays unfortunately.

Saladin1971

Original Poster:

8 posts

85 months

Thursday 18th May 2017
quotequote all
I spoke to my solicitor on Monday. Apparently the verbal contract between my customer and myself is binding.

Letter written advising my customer that if the work is not paid for in fourteen days I will be selling them. Any shortfall between what I may be able to raise and my invoice I expect to be made up and if not I will be going to the small claims court.

Will let you know if I hear from him.


shakotan

10,695 posts

196 months

Thursday 18th May 2017
quotequote all
Saladin1971 said:
I spoke to my solicitor on Monday. Apparently the verbal contract between my customer and myself is binding.

Letter written advising my customer that if the work is not paid for in fourteen days I will be selling them. Any shortfall between what I may be able to raise and my invoice I expect to be made up and if not I will be going to the small claims court.

Will let you know if I hear from him.
Did your solicitor say you could sell the items? It's unusual, liens don't normally allow for this, only to withhold the Goods subject to payment or a Small Claims ruling.

Saladin1971

Original Poster:

8 posts

85 months

Thursday 18th May 2017
quotequote all
shakotan said:
Saladin1971 said:
I spoke to my solicitor on Monday. Apparently the verbal contract between my customer and myself is binding.

Letter written advising my customer that if the work is not paid for in fourteen days I will be selling them. Any shortfall between what I may be able to raise and my invoice I expect to be made up and if not I will be going to the small claims court.

Will let you know if I hear from him.
Did your solicitor say you could sell the items? It's unusual, liens don't normally allow for this, only to withhold the Goods subject to payment or a Small Claims ruling.
Apparently I'm within my rights to sell them.