What am I responsible for - returning to a customer?

[PEG]

Sod that. Raise a MCOL (artist formerly known as Small Claims Court) claim. Just be careful to follow the pre-action protocol, which is basically to make sure you write a Letter Before Action following the guidance in Appendix A of the Practice Direction for pre-action protocol (the MCOL website points you in the right direction). Straightforwardly state breach of contract as the relevant law. Make sure you show all the relevant elements of contract are present (your offer of X goods and services to be supplied in exchange for £Y, their unconditional acceptance of that offer, intention to form legally binding relations, and consideration [consideration here means you're going to supply goods and services which they're going to supply payment for - basically that the contract includes things of value are passing both ways]). State that you will be adding your court costs in with the amount claimed. Say that you are open to a means of resolving the dispute other than court however you will not budge on the amount owed (as long as what you are owed is indisputable). Many will pay when they realise from the Letter Before Action they're about to be taken to court. I know this all may sound a bit intimidating but once you've done it once you then have a template for every time you have to do it again ever.

Holy-mary,you go through THAT mullarky every time? I tell you,if i have the choice between explaining "how it is" to a recalcitrant customer,or reading that again......:6:

 

[jaypp]

deleted after re-reading.
apologies vxw, my post read back as 'confrontational'

 

[NickD]

Holy-mary,you go through THAT mullarky every time?

No. You go through the pain of doing it from scratch once. Then you reuse it as a template.

 

[telectrix]

happy. for invoicing, look at quickfile. takes 2 mins to do one then email to customer, and looks professional, too.

 

[NickD]

I like Express Invoice from NCH. Free for personal or < 5 user organisations.

 

[Geordie Spark]

Sod that. Raise a MCOL (artist formerly known as Small Claims Court) claim. Just be careful to follow the pre-action protocol, which is basically to make sure you write a Letter Before Action following the guidance in Appendix A of the Practice Direction for pre-action protocol (the MCOL website points you in the right direction). Straightforwardly state breach of contract as the relevant law. Make sure you show all the relevant elements of contract are present (your offer of X goods and services to be supplied in exchange for £Y, their unconditional acceptance of that offer, intention to form legally binding relations, and consideration [consideration here means you're going to supply goods and services which they're going to supply payment for - basically that the contract includes things of value are passing both ways]). State that you will be adding your court costs in with the amount claimed. Say that you are open to a means of resolving the dispute other than court however you will not budge on the amount owed (as long as what you are owed is indisputable). Many will pay when they realise from the Letter Before Action they're about to be taken to court. I know this all may sound a bit intimidating but once you've done it once you then have a template for every time you have to do it again ever.

Here in Geordieland we do these things the Geordie way.

 

[Geordie Spark]

happy. for invoicing, look at quickfile. takes 2 mins to do one then email to customer, and looks professional, too.

What's wrong with the back of a beermat??

 

[tazz]

Always have written terms and conditions completed with your quotations, even if this is printed on the back, this section of your terms ensures your customer must agree to these said terms when employing or hiring you. With invoicing and quotations, no matter what method or software you use, always make sure everything in converted to pdf and attached, if sending by email. This ensures that not tampering or alterations can be made on you quote, terms or final invoice. Debt collection agencies are a scam....any debt straight on Money Claim government site, and commence a writ...but be ware, if playing with the big boys, they will have the best barristers, because their used to conning the small contractors.

 

[NickD]

Always have written terms and conditions completed with your quotations, even if this is printed on the back

If they're on the back, make sure that it says on the front that they're on the back!

 

[tazz]

If they're on the back, make sure that it says on the front that they're on the back!

expect such a comment from Electrical Trainee, with no experience ......big world were in my friend and the likes of you, are the ones they will hit.....with you loosing money...so be prepared, get your terms and conditions right..you may need them one day in court...smart guys like you are big contractors money buckets....!!!...suggest you learn from the guys who have lost thousands in the past to save the likes of you not loosing in the future...!

 

[ian.settle1]

Here in Geordieland we do these things the Geordie way.

At which stage does breaking their legs come into play?

 

[tazz]

At which stage does breaking their legs come into play?

well to be honest...due to the way the law works...this another only way

 

[wozz]

people expecting me to come back indefinitely to fix broken products was one of the reasons i couldnt wait to get out, I always said the manuf may offer a year gaurantee but that doesnt cover my labour for it to be replaced, in reality if it was less than 6 months i would do it for free.

To stop this happening i would only fit what i considered to be good, if you dont want to pay for a time gaurd PIR light then i wasnt fitting one, i may have lost a few jobs being like that but if they are haggling over the cost of the light they probably wouldnt like my labour charges!

stick to quality stuff and customers that will pay for it.

 

[HappyHippyDad]

Returned to the customer this morning. Fitted a new light. Explained that there would be no charge. Customer offered me £20. I said again 'no charge'. Customer again said he wanted me to have £20. I again said 'No, as its my responsibilty', customer insisted I take it. What do I do....I took it!!

It was an interesting role reversal conversation :smile5:

 

[dazza1981]

Returned to the customer this morning. Fitted a new light. Explained that there would be no charge. Customer offered me £20. I said again 'no charge'. Customer again said he wanted me to have £20. I again said 'No, as its my responsibilty', customer insisted I take it. What do I do....I took it!!

It was an interesting role reversal conversation :smile5:

Nice one. I bet you were annoyed having to take that score off him tho { not lol }
You definately did the right thing going back in my opinion.

 

[NickD]

expect such a comment from Electrical Trainee, with no experience ......big world were in my friend and the likes of you, are the ones they will hit.....with you loosing money...so be prepared, get your terms and conditions right..you may need them one day in court...smart guys like you are big contractors money buckets....!!!...suggest you learn from the guys who have lost thousands in the past to save the likes of you not loosing in the future...!

What on earth are you ranting about? All I said was, if you put your T&C on the back of something, make sure it says on the front that they can be found on the back otherwise a canny defendant or lawyer may invoke Denning's Red Hand Rule and say you didn't make it plain enough there was T&C on the back, therefore they are not binding.

 

[Geordie Spark]

At which stage does breaking their legs come into play?

Stage 1 is asking nicely for payment.

Stage 2 is breaking the left leg followed by stage 3 which is breaking the right leg.


Stages 4 & 5 involve the arms but it rarely needs to get that far.

 

[SPARK2B]

.......how about, next time your doing a job, casually start a convo with the customer

so, hows your week been...........yadda yadda yadda,

....then move to,...."oh me ?, iv had a bit of bother this week, gotta go to court for it all actully in a few weeks,....you see i had a customer who **refused to pay, hassled me for free revisits etc etc**....so i broke his arm,...hope the judge sees it my way tho"......


........then smile a big smile at um....

 

[NDG Elecs]

I always but always go back if I provided materials. Sometimes a couple of years after. I usually ask who was the idiot that installed it in the first place! Normally gets a laugh. Always get plenty of return work and recommendations as a result.

 

[DPG]

are you sure?

caus if its lies....

I don't get this post- is it to get a bit of aggro going? Daz

- - - Updated - - -

expect such a comment from Electrical Trainee, with no experience ......big world were in my friend and the likes of you, are the ones they will hit.....with you loosing money...so be prepared, get your terms and conditions right..you may need them one day in court...smart guys like you are big contractors money buckets....!!!...suggest you learn from the guys who have lost thousands in the past to save the likes of you not loosing in the future...!

Jeez where did all this come from????? Daz