help please non paying customer. anyone understand the consumer rights act?

[se7enthdevil]

due to this very circumstance i shall be drawing up my own terms and conditions to cover my backside from now on.

[se7enthdevil]

ok, i gave him ten working days to pay and the ten working days are up by 5pm this evening. no money has appeared.

 

who is it i contact? the small claims court?

[Chipperclown]

Hi,

 

This is the statement I always use if and when I have had payment issues. Its never failed me yet!!

 

Good Luck

.....................................

It is with regret that we are now contacting you for the final time to request that you settle the amount owing without fail by the --/--/2015. We wish to settle this manner amicably however should you have not made payment by the date stated --/--/2015 we will begin County Court action against you without further notice.

[arboriculturist]

Hi,

 

This is the statement I always use if and when I have had payment issues. Its never failed me yet!!

 

Good Luck

.....................................

It is with regret that we are now contacting you for the final time to request that you settle the amount owing without fail by the --/--/2015. We wish to settle this manner amicably however should you have not made payment by the date stated --/--/2015 we will begin County Court action against you without further notice.

 

AS ABOVE - but it won't work with some. If they don't pay on the specified date in the above - follow it up with a copy of the completed Summons, which can be done online giving them 24hrs to settle or the Summons will be registered.

 

If no payment - file the Summons.

 

Get those T&C's sorted right away though and only take written instructions in future.

 

Good luck.

[se7enthdevil]

they did finally reply at 9 minutes left to the deadline.

 

they have offered less than half the money for me to get lost pretty much, i'm not interested.

 

they are disputing the time that it was finished by.

 

the original job had just the items to make on it and no mention of a deadline.

 

that was introduced about a month later.

 

then they took two weeks to get the deposit to me (i gave many reminders) and i had stated it could take a month to produce from when i received the timber, then they expected all the hand crafted bespoke items within two weeks.

 

i got the deposit on 3rd aug, i got the timber on the 5th and got the lot made and delivered by the 22nd. the deadline was the 16th and i was only told that about a month prior.

 

if they had paid the deposit on the 18th of july (when i sent the invoice) or even within a couple of days i could have stared the whole process two weeks earlier and got the job done well within time.

 

 

i will carry on this dispute but i think it will go to a magistrate...

[openspaceman]

they did finally reply at 9 minutes left to the deadline.

 

they have offered less than half the money for me to get lost pretty much, i'm not interested.

 

OK this is some admission of their liability to settle the debt, it means when you serve the court papers on them they may pay this amount into the court. In normal civil cases on judgement if you were awarded this amount or less you would become liable for costs. If you were awarded the full amount then you could also claim costs. However unless there have been changes in the last 20 years the rules for a small claims action differ and as long as you wait until it is paid into court then it is yours immediately as long as you do dot accept it as final payment.

 

 

they are disputing the time that it was finished by.

 

the original job had just the items to make on it and no mention of a deadline.

 

that was introduced about a month later.

 

This is likely to feature in their claim for a lower (half) price, it could become complicated they would have to show that the delay caused them a cost, if a time was not mentioned in the formation of the contract then it's tort and open to interpretation. An therein lies the problem, the person appointed to deal with the case will have very little time to bone up on it so first impressions of them and you will mean a lot. I have never figured how a case would go right up to the last sentence of the judgement. A barrister I attended court with told me even with a watertight case there was only a 70% chance of success depending on the mood of the judge.

 

then they took two weeks to get the deposit to me (i gave many reminders) and i had stated it could take a month to produce from when i received the timber, then they expected all the hand crafted bespoke items within two weeks.

 

i got the deposit on 3rd aug, i got the timber on the 5th and got the lot made and delivered by the 22nd. the deadline was the 16th and i was only told that about a month prior.

 

This is evidence which you will have to prove

 

if they had paid the deposit on the 18th of july (when i sent the invoice) or even within a couple of days i could have stared the whole process two weeks earlier and got the job done well within time.

 

This is rambling and hearsay

 

 

i will carry on this dispute but i think it will go to a magistrate...

 

It's likely to go before a recorder. Magistrates are upstanding people from the community, ones peers, who initially hear criminal cases.

 

Do you or they hold the goods? If you cost in the stress and work you will have to put into a small claims case , forget principles you cannot afford them dictate your actions, will it be worth it?

 

IANAL ( usenet acronym which means this advice cannot be relied upon) in fact after 45 years I find myself surprised at being suddenly out of work for the first time

[eggsarascal]

OK this is some admission of their liability to settle the debt, it means when you serve the court papers on them they may pay this amount into the court. In normal civil cases on judgement if you were awarded this amount or less you would become liable for costs. If you were awarded the full amount then you could also claim costs. However unless there have been changes in the last 20 years the rules for a small claims action differ and as long as you wait until it is paid into court then it is yours immediately as long as you do dot accept it as final payment.

 

This is likely to feature in their claim for a lower (half) price, it could become complicated they would have to show that the delay caused them a cost, if a time was not mentioned in the formation of the contract then it's tort and open to interpretation. An therein lies the problem, the person appointed to deal with the case will have very little time to bone up on it so first impressions of them and you will mean a lot. I have never figured how a case would go right up to the last sentence of the judgement. A barrister I attended court with told me even with a watertight case there was only a 70% chance of success depending on the mood of the judge.

 

This is evidence which you will have to prove

 

This is rambling and hearsay

 

It's likely to go before a recorder. Magistrates are upstanding people from the community, ones peers, who initially hear criminal cases.

 

Do you or they hold the goods? If you cost in the stress and work you will have to put into a small claims case , forget principles you cannot afford them dictate your actions, will it be worth it?

 

IANAL ( usenet acronym which means this advice cannot be relied upon) in fact after 45 years I find myself surprised at being suddenly out of work for the first time

 

Your question: do you or they hold the goods.

 

This confused me last night. Steve say's they were delivered by the 22nd.

 

Why would anyone send goods to someone that they were in dispute with over payment of said items?

 

Or have I read it wrong again?

[openspaceman]

Your question: do you or they hold the goods.

 

This confused me last night. Steve say's they were delivered by the 22nd.

 

Why would anyone send goods to someone that they were in dispute with over payment of said items?

 

Or have I read it wrong again?

 

I confess I haven't read the whole thread.

 

It does seem they have got the goods and only offered to pay half the agreed price because of late delivery.

[eggsarascal]

I confess I haven't read the whole thread.

 

It does seem they have got the goods and only offered to pay half the agreed price because of late delivery.

 

Yes, that's how I first read it. Yet, in post #17 dated 27-8-16, Steve States that he's got the pins and balls.

[se7enthdevil]

sorry for the confusion gents, it should say somewhere in the thread that this is a second customer doing this to me.

 

after getting some advice i was told to drop the original dispute as it was not over £750 and yes i do still have the pins and balls which i can sell on.

 

 

this second customer (it happened roughly at the same time) has all the goods i made for them.

 

eggs,

the goods were sent to them as there was no dispute at the time they were collected and i expected to be paid in full.

 

 

as they have not paid for the goods in full they still belong to me.

 

 

sorry if this thread is confusing anyone.