customer wont pay

[Graham]

2 hours ago, eggsarascal said:

I wouldn't be sucking it up, but I'm like that. It would be a final request for payment in full or off to the small claims court, Mr Sparky can do what he chooses with that. It sounds like he trying to pull a fast one, that doesn't sit well with me. Assuming it's a fair price for the work carried out the court will be on the OP's side every time, but I'd dare bet a cheque/payment arrives before it gets that far

Wouldn't work.  All he has to say is that he verbally quoted £x for the extra work which is what I offered.  Had a client say this to me and just said 'fight me in court'.  It's a no win...just take the money.

[Mesterh]

With all this talk about taking the customer to court is there any evidence that the op would win? It's not like a price was agreed before hand and the customer isn't paying. I would think they would say tough luck, and that you should have agreed a price before starting. 

 

I would just chalk it up to experience and move on, not worth getting stressed or wasting anymore time on it. 

[Yournamehere]

Go to court and t'judge'll say:

Did You the said plaintiff, otherwise Guest Spiderman, advertize or otherwise offer, your price to the said defendant?

 

And Did the said defendant, otherwise Mr Sparkes as named above, agree or otherwise confirm his willingness to pay, your offer or price for the work proposed as was to be done?

 

And Did You the said plaintiff and Mr Sparkes the aformentioned said defendant accept or otherwise enter into a contract regarding the said tree also heretofore known as 'The Eucalyptus' of the first part viz a vee the said destruction and annihilation thereof according to the second schedule hereunto attached which when produced and closer relation thereunto being had will more clearly and at large appear?

 

And when you say, "No your honourship sir".

Him'll look over his specs at you, frown and say, "Hmmm".

 

Cos they is clever like that.

 

Maybe.

[eggsarascal]

37 minutes ago, Graham said:

Wouldn't work.  All he has to say is that he verbally quoted £x for the extra work which is what I offered.  Had a client say this to me and just said 'fight me in court'.  It's a no win...just take the money.

Have you tested the scenario? I was involved in a "he said, I said, we did, they did" court case a while back. The judge decided "we" were telling the truth. 

 

Tell me about your experience.

[spuddog0507]

6 hours ago, Vespasian said:

That conifer you chopped down, if he had ten of em in his garden would you price it at 1400 to remove em all?...

I'm guessing you wouldn't..  

 

why not, think about it then think why charging 140 for the next one you did might come across as excessive to your customer..

 

If you got 140 for the first one, you should of asked 70 to 80 for the second seeing as you're there on the job...

 

and why didn't you mention a price to the fella?..  to busy counting your days profits when a few words on the phone might of saved you a lot of shit...

got to agree with above, if you are all ready there thats a traveling  cost you didnt need to charge i think the 70 80 quid would of been fair for the extra work( thats 88p per min i would take that all day long) just take what you can get if its 30 40 quid take it and DONT give him any abuse and say thank you and remember bad news travells faster than good news, and if he his a domestic elec you never know he may put your name forward to some of his customers for a job or 2 in the future, and thats how it works ,  

[forestboy1978]

7 hours ago, WesD said:

I’d take the 1/3rd extra thank him for his time then tip wood chip to the measure of 2/3rds on his drive a day or so later. Job done. 

What I would have done! Except I'd have tipped the lot. 

 

Wes weren't you banging on a few weeks back about turning the other cheek in my shed saga or am I confusing you?

 

lol

[eggsarascal]

16 minutes ago, spuddog0507 said:

got to agree with above, if you are all ready there thats a traveling  cost you didnt need to charge.

Ok, Yesterday I was working in St Ives, Cambridgeshire, on the way to that job I got called by another customer for an emergency job in Cambridge City, so on my way home. Should I have charged the travel from St Ives to Cambridge or from my base? I charged from my base, did I rob the second customer for too much travel?, possibly. That said how would I justify the extra cost for travel if it was a stand alone job?

[felixthelogchopper]

1 hour ago, Graham said:

Wouldn't work.  All he has to say is that he verbally quoted £x for the extra work which is what I offered.  Had a client say this to me and just said 'fight me in court'.  It's a no win...just take the money.

Civil cases are decided on balance of probability, not beyond all reasonable doubt, so it comes down to who tells the best tale. If the OP confesses that he did the work without first giving a price, it doesn't put his claim in a good light.

[eggsarascal]

5 minutes ago, felixthelogchopper said:

Civil cases are decided on balance of probability, not beyond all reasonable doubt, so it comes down to who tells the best tale. If the OP confesses that he did the work without first giving a price, it doesn't put his claim in a good light.

I thanked this post, but, if the worked carried out was at a fair price I think any court would be in your favour?

[felixthelogchopper]

1 minute ago, eggsarascal said:

I thanked this post, but, if the worked carried out was at a fair price I think any court would be in your favour?

The argument would be the argument in Thornton v Shoe Lane Parking, that the 2nd invoice was too late for the OP to rely on its T&C's as it was given after the fact, so denying the customer the chance to reject them. Even if the OP went down the reasonable cost route, how would he prove the extent of the work?