What to do about a ...
 

[Closed] What to do about a non paying customer?

25 Posts
24 Users
0 Reactions
72 Views
Posts: 0
Free Member
Topic starter
 

I think I would say that my (bike related) business is "niche' and always operated on trust. My policy has been to only take payment when the product is ready to the customer's satisfaction and is ready to go. This normally works fine and suits me for various reasons.

Only for the second time I have someone who, despite having good communication all along has, now the job is complete, has stopped communicating and looks like he is not going to pay for the work done.

It is not a massive amount of money, but is significant to me and have bent over backwards to get the job to his satisfaction, so probably annoyed as much as anything.

Is it actually worth pursuing? Once in the past I used the small claims procedure online and it appeared a waste of time as was just ignored. The customer is an established business with retail premises.

What would you do (that is legal)?? I will change payment terms in future, of course. Any similar experiences?

Thanks


 
Posted : 27/03/2018 4:12 pm
Posts: 17
Free Member
 

Legal? What is your contract with the other person?


 
Posted : 27/03/2018 4:16 pm
Posts: 17304
Free Member
 

Be firm, insistent and reasonable. If you get to the point where you're not able to have a conversation with the customer it's  probably too late.

Be a pest.....but a nice reasonable one. You've done the work and you're entitled to be paid.

Phone every day and then  send an email recording what you've discussed on the phone. Make it easier for them to pay you than it is to constantly have to deal with your insistent reasonableness.


 
Posted : 27/03/2018 4:18 pm
Posts: 20785
 

The customer is an established business with retail premises.

Pop in for a chat?


 
Posted : 27/03/2018 4:19 pm
Posts: 34507
Full Member
 

Have you sent him the finished article?

If not, could you take it to him, and give him an invoice?


 
Posted : 27/03/2018 4:26 pm
Posts: 5043
Full Member
 

Surely, it would be cheaper to pay you than replace windows, I would remind them of this.

not in front of any witnesses, obviously, i mean you’re not that silly are you.

or you could post on their fb page that they don’t pay their bills, surely they won’t want that kind of negative publicity.


 
Posted : 27/03/2018 4:26 pm
Posts: 18017
Full Member
 

I know a guy that knows a guy, if you catch my drift.


 
Posted : 27/03/2018 4:29 pm
Posts: 0
Free Member
Topic starter
 

Thanks for the suggestions, all have crossed my mind of course 🙂 . Will try the pestering and check out the fb page. A personal visit may be impossible as in another part of the country.


 
Posted : 27/03/2018 4:35 pm
Posts: 24557
Free Member
 

is there a product involved, or just a service?

Have you invoiced him for it or is it just by email or phone call or similar?

Google retention of title, add that to your invoice and if he doesn't pay have the goods back.

I believe there is an assumption of RoT too now, but may be wrong - it's clearer if it's explicit in contracts and T&C's etc., but adding it to an invoice might yet work.

https://en.wikipedia.org/wiki/Late_Payment_Directive


 
Posted : 27/03/2018 4:36 pm
Posts: 13774
Full Member
 

you're not a bike forum web developer are you?


 
Posted : 27/03/2018 4:38 pm
Posts: 0
Free Member
 

Many years ago when I worked in construction we and several other sub contractors were "done over" by the main contractor and invoices weren't being paid. Various excuses, usually "we've got new accountants and they are getting used to our system" type stuff.

After a couple of months one of the sub-contractors had had enough, not only hadn't he been paid for his and his team's labour but he also hadn't been paid for the materials he'd supplied. So he took legal advice which amounted to: "You are unlikely to recover the labour costs but you are entitled to recover the materials as they are still yours providing you do so with minimum damage". One Sunday he got his lads together and they recovered the materials - he was an electrician and his materials were in about a dozen nearly complete luxury (probably worth £1M each today) flats and houses to which he had the keys.

Not easy to rip out wiring and fittings from chasing and plasterboard ceilings! I don't recall him being too careful 🙂


 
Posted : 27/03/2018 4:49 pm
Posts: 0
Free Member
 

We've sometimes handed long overdue invoices to a professional collector. They're really good, but they'll warn you that if you don't have a very good paper trail of invoices / contracts etc they can only really be a nuisance. They're not arseholes like the sorts who chase consumers.


 
Posted : 27/03/2018 4:51 pm
Posts: 30656
Free Member
 

you’re not a bike forum web developer are you?

He said the job was complete.


 
Posted : 27/03/2018 4:52 pm
Posts: 0
Free Member
Topic starter
 

Not a forum developer! Fortunately I still have the product, but cost is mostly my labour and not really that well off that I can do stuff for free... There is an invoice and trail of emails placing order, approval etc.


 
Posted : 27/03/2018 5:03 pm
Posts: 3472
Full Member
 

https://clientsfromhell.net/


 
Posted : 27/03/2018 5:05 pm
 poly
Posts: 8793
Free Member
 

Is it actually worth pursuing? Once in the past I used the small claims procedure online and it appeared a waste of time as was just ignored. The customer is an established business with retail premises.

In my limited experience the Letter Before Action for the Small Claim Procedure will get it either paid, or the objection surfaced quickly.  If it doesn't then Small Claims will likely find in your favour unless he fights it strongly.  Once Small Claims decision is made you then need to enforce it (which you can recover costs for).  Often this is not worth the effort as people who don't pay often have many others chasing and no assets.  An established retail business is likely to have something worth seizing if the bill is not too large.


 
Posted : 27/03/2018 5:10 pm
Posts: 2425
Free Member
 

Are you married? Get your wife to do the billing. Mine does. Not one non paying customer in 10 years 🙂


 
Posted : 27/03/2018 5:11 pm
Posts: 56902
Full Member
 

If you know where he is just pop round for a chat and tell him politely that you’re not leaving until you get paid.

Nobody wants a disgruntled supplier on their premises demanding payment. It’s not really good for business

I’ve done this and got paid immediately after the little gob-shite had been fobbing me off for ages.


 
Posted : 27/03/2018 5:14 pm
Posts: 9656
Free Member
 

OP

Why did small claims grind to a halt?

When I did it it was long and drawn out but also very productive. The court found in my favour and sent the bailiffs round. Since it was a bike shop, not opening the door wasnt an option. So they stumped up the cash pronto


 
Posted : 27/03/2018 6:27 pm
Posts: 2948
Free Member
 

I would say that face to face works.

I always have the choice to take the goods away, in my case the signs. This is never going to make the customer look good and having said this five times or so, to bad payers, I have never had to get the tools out.

I have just agreed a payment plan with one customer who is struggling to pay. Only second time we have had to do that. This I would only offer to a customer who is willing to communicate though.  Also does the item have any value to anyone else? Flog it on?

good Luck.


 
Posted : 27/03/2018 6:50 pm
Posts: 0
Free Member
 

What has happened to the substantial deposit that you took in order to cover at the least materials and some of your time?


 
Posted : 27/03/2018 7:05 pm
Posts: 12069
Full Member
 

I can't believe nobody has asked what the unpaid for product is and who owes the cash.  


 
Posted : 27/03/2018 7:12 pm
Posts: 23202
Full Member
 

The ‘pay on time’ website can be useful in encouraging late payers to pay. You can start putting stuturory interest on the overdue amount after an elapsed period of time- your reminders are then increasing the value of the invoice each time you send it and it tends to encourage people to get around to dealing with it.


 
Posted : 27/03/2018 8:22 pm
Posts: 16369
Free Member
 

It's a bit late now but it's always worth asking for some money up front. I started doing it a while back. I thought it'd complicate things and put people off but I can't recall anyone even questioning it. Sometimes it's been a pretty substantial amount of money. I still get slow, late payers for the final installment but it's much less stressful knowing I have at least covered my costs and some of my time.


 
Posted : 27/03/2018 8:32 pm
Posts: 341
Free Member
 

If you know where he is just pop round for a chat and tell him politely that you’re not leaving until you get paid.

Nobody wants a disgruntled supplier on their premises demanding payment. It’s not really good for business

Had this 3 times, first one i threatened to screw up the offenders door  with long security screws, they paid up.

second, a restaurant always the boss isnt in, so went down on a friday night and said quite loudly  i want paying, or every customer gets a free meal from my payment you owe me, and after telling the third customer who walked in the door got paid.

Thirdly a large hotel chain , didnt pay after 6 months  did as above , they paid.

Just visit and introduce yourself to every one who walks in the door as a debt collector.


 
Posted : 27/03/2018 9:15 pm
Posts: 41395
Free Member
 

'ignored" a court action?

Did you get judgement and send bailiffs round?


 
Posted : 27/03/2018 10:06 pm