Customer not paying invoice due to complaint

[kirkydee]

I am a self employed decorator and have a customer (who I have worked for before) who text me after I completed the work for them (Friday night)to say I had done a great job but got coloured paint on their carpet. I was painting in coloured paint on the Thursday and on the Friday all I did was white gloss. I didn't get the text until the next day (Sat) but responded straight away, I tired ringing but got no answer so text back and asked if I could go round and try to remove the paint for them as it was emulsion and should come out. I then didn't hear anything until the Friday after when I got a letter saying that they were going to have the carpets cleaned and they would pay me the money owed minus the cost of cleaning the carpets and also there was coloured paint on the ceiling. The letter came the same day as the carpets were being cleaned. I responded the same day by letter to say that I would be happy to repaint the ceilings (at no cost) and I would pay for the carpet to be cleaned if they could provide me with a receipt.

I then got a text the following day saying the carpets had not come clean and there was coloured paint on the white walls as well as the ceilings. I responded by saying sorry again and that I would go round at the customers convenience to repaint walls, ceillings and discuss what to do about the carpets, I told the customer I was insured and if necessary I can claim for new carpets for them. They said they were going to contact Trading Standards and ring me today but I haven't heard anything from them.

I'm just wondering what to do next as although I have asked on 3 occaisions to go back to the house to put right whatever is wrong I have not been allowed to go back. This is making me wonder if there is a problem or if its just the customer who doesn't want to pay up. The fact that the customer text me instead of ringing me when they found the paint is unusal too. Any advice would be greatfully received.

 

Thanks

[midge61]

Hi

My hubby had a similar problem when he was self employed landscaper. \You should ring Trading standards yourself they are very helpful.

 

The customer should have shown you what they considered to be wrong and given you the chance to correct it first. that is what we were told. BUT if they are still not happy they have the right to have it redone at your expense.

 

My hubby was a sole trader and unfortunately we were also told that not only could the customer have the WHOLE garden done at our expense but if anything went wrong in it we would be liable for the next 6 or 10 (can't remember which now several years ago)years so hubby had to go bankrupt!

 

Trading standards also knew of the couple who did this to us as they had done it before to a window company but the law was on their side!

 

I do hope you manage to sort it out but do get some advise.

[midge61]

Just a thought but maybe you should call their bluff and tell them you have informed your insurance company and they want to send someone round to inspect the damage. That might make them think twice.

[mkb]

Just a thought but maybe you should call their bluff and tell them you have informed your insurance company and they want to send someone round to inspect the damage. That might make them think twice.

 

 

That is a very good idea!

 

If I had found paint on the carpet, you can be damn sure that I would have checked the rest of the room for paint where it shouldn't be & not taken several days to find any fault! I would not have text either so it appears that you are being reasonable but the householder is not.

[kirkydee]

Thankyou both for the advice, she does know that I was going to contact my insurance company as I told her that on Sat and they did say if I couldn't get in to look at the damage then they would send someone. I've had another text this morning saying she is waiting on Trading Standards to let her know what to do with the letter I sent last week. She also said that although I have offered to go and repaint whatever is wrong that doesn't solve the issue with her carpets. I have already said that I am insured and if I can go and see the damage I am happy to claim and pay for the carpets to be replaced. Seems like she is just fobbing me off now so I am going to give Trading Standards a call myself and see what they say. Then will write her another letter and have it sent registered post just incase!

[loopinlouie]

You could ask for pictures of the damage to pass as reference for your insurers, if she wont let you in.

 

They were perfectly ok to let you in prior and why was nothing mentioned before you left the house, so must be small ammount of damage, if there.

[kirkydee]

Have spoken to Trading Standards this afternoon and they think that she is trying to avoid paying her bill for several reasons such as she text me instead of ringing, a genuine customer would ring straight away not text the evening after. Also because I have asked to go round 3 times now and each time she comes up with another thing that I am supposed to have done wrong and does not actually say I can go and either sort the work out or look at the carpet I am meant to have spilt paint on. Anyway, they have advised me to write to her to say that under the goods and services act tradesmen should be allowed to rectify any alledged mistakes and if she does not let me do this and view the alledged damage to the carpet then I should take her to the small claims court. I have sent this today so hope that this does the trick as its really upsetting that someone could be like this! I have been self employed for 4 years and never had this before, my customers ask me back time and time again because I take such a pride in my work and love my job.

 

Midge61, really sorry to hear about what happened to your husband. Hope the couple involved have something like that happen to them one day so they know how it feels. Can't understand how some people can be so nasty!

[midge61]

Hi kirkydee

 

Glad you got some sound advise. It was a steep learning curb for us but unfortunately there are always people out theere that think they can exploit others who are just trying to earn a honest crust.

[kirkydee]

Had another text from customer today saying she is going to her solicitors as she has been advised that she can claim the cost of the damage to the carpets from me. Again she is not really answering the letter I sent as I have said that if she lets me view this alledged damage then I am insured and I will make a claim...I have had a claim form from my insurers already just incase. My wife is sure that the customer will now throw paint on her carpets just to get me to pay as I left the tin of paint behind as the customer paid (well I thought she had until the cheque was stopped) for the paint. I can't and won't make a claim though just on her say so...this has been going on now for 3 weeks and I've now asked 4 times to view this paint spillage. As time goes on it convinces me more and more that she's just trying to avoid paying me as if I had a problem with someone who had provided me with a service then I'd want it sorting out asap!

 

Spoken to Trading Standards again and they have said she is being totally unreasonable and that I should carry on with taking her to the small claims court as she hasn't got any defense to stopping the cheque. She should have paid me and then persued me for any alledged damages to her carpet. Not sure what to do as this is just stressing my wife out so much, neither of us are sleeping. Don't want to let it go and then have her claim for the carpets as then I'll have lost £450 for the job and will have to pay £250 excess on my insurance policy but am wondering if this customer will ever pay up as they always seem to have an excuse for avoiding sorting out the problem.

[midge61]

Hi

So long as you have records proving the times you have contacted the customer asking to view the damage I would do as TS have suggested.

 

Get the claim form from your local court or do it via moneyclaim online and fill them in.

 

She has no defence and as TS said she had no right stopping the cheque. It does seem as though she hasn't taken any proper advice and as though she is just trying her luck. If she HAD spoken to TS they would have told her that she should give you a chance to view the alledged damage and make good.

 

My personal opinion is she was trying it on and now doen't know how to back down.

 

Good luck

[kirkydee]

I decided to send the letter and just as I was in the Post Office (sending it registered!) she rang me. She said that she didn't want to have to get solicitors involved so I said that if she'd have rung me in the first place I'd have come down and looked at this 'damage' and claimed on my insurance. She said she didn't want to go through all that hassle so I said well its my insurance so if you let me look at the carpets them I'll send the claim form off I've got. She said she doesn't want new carpets and would be happy with just paying me half of what the work should have cost.

 

I'm a bit annoyed but I agreed to this as she has the paint and I wouldn't be suprised if I said no if she did put some paint on the carpet, then I would have to claim on my insurance and I'd have to pay the excess and my premiums would go up too so it would have cost me more in the long run. I also asked what was wrong with the painting I'd done as she'd said it was 'shoddy', she said well nothing really, it was my friend who told me to say that!!

 

Just wish there was somewhere that us reputable traders could log the names and addresses of these customers who try it on as I'm sure she'll do it again to someone else.

 

Thanks for your advice Midge61, its been really helpful to have an independant view from someone as haven't been able to talk to family as this person is supposed to be a friend of my brothers long term girlfriend!

[midge61]

hi

 

Glad you got it sorted. It is always horrible and stressful when you get people like this but I think it shows she was trying to pull a fast one.

 

In future I would always ask the customer to go round and inspect everything before you leave a job so that you are not leaving yourself open to this sort of thing again.

 

Trading standards keep records of these things so if she tries it again she will be known.

 

All the best

midge61

[kirkydee]

Well, thought I'd got it sorted but looks like I haven't now! I'm still waiting for this customer to pay for half of what the work cost as she agreed. I've sent another invoice with 'gesture of goodwill' amount knocked off for immediate payment and got nothing. I went round to her house with the remainder of the cream paint that she asked for but she was on the phone when I got there and couldn't talk but said the cheque was in the post. Again nothing turned up, then I got a text 3 weeks ago telling me she'd been burgled and would post a cheque the following day...again I've got nothing.

 

I wrote her a letter on Monday to say she'd got 7 days to pay the half that we agreed or I would withdraw my goodwill offer and take her to court for the full amount. She's text me today to say that she put the cheque in the post at work and they haven't posted it and she's only just found out cos she's been on a course. She's now saying that my work is not up to standard so she's got a quote for a redecoration from another decorator, receipts for carpets cleaning and that if I take her to court then she will claim for redecoration, carpets cleaning and for new carpets...trouble is she's got the paint so she could make a right mess with it and say it was me that did it. She claims to have spoken to a solicitor and they've told her she'll win her case, just worried cos I can't prove that the mess she makes is her making and not mine.

 

Not sure what to do now as trading standards have advised me to go to court and when I spoke to them again today that's all they can tell me to do now.

 

Was wondering whether it might be worth sending a letter for her to sign to say that she has 14 days to pay me for the cost of half the work and if she does then I will drop my case. But she has to sign the letter to say that she will not then come back and try to claim for this alledged damage that I still haven't seen despite asking to see it 5 times now. Or should I just go to court and hope justice prevails.

 

Any advise would be gratefully received...again!

[cerberusalert]

Send something like this;

 

NOTICE OF INTENDED COURT PROCEEDINGS

 

 

Dear Bad Payer,

 

TAKE NOTICE that according to my records the sum of £xxxx is seriously overdue for payment for invoices yyy and zzz.

 

Unless payment is made to the above address within seven days Legal Action to recover the debt will be taken against you without further notice.

 

Copies of the outstanding invoices are attached.

 

Yours sincerely,

[djwigster]

This kind of thing makes my blood boil...she is clearly trying it on and needs teaching a lesson. Im sorry, but I dont really have any further advice, but you have my sympathy and I wish you good luck.

 

Just one thing:

 

She's now saying that my work is not up to standard so she's got a quote for a redecoration from another decorator, receipts for carpets cleaning and that if I take her to court then she will claim for redecoration, carpets cleaning and for new carpets...

 

I am a self employed decorator and have a customer (who I have worked for before) who text me after I completed the work for them (Friday night)to say I had done a great job but got coloured paint on their carpet.

 

Do you still have the above text where she says you did a great job...could be useful to discredit her if you ever got into a courtroom as she keeps changing her mind as to whether your work is ok or not.

 

And I presume she was fine the last time you did work for her???...looks like she has a friend or two geeing her along to be awkward

[poppie173]

Hopefully you`ve kept the recent texts telling you the cheque is on its way.

Any court would question why she repeatedly promised payment, THEN decided to get other quotes for various work.

She`s trying it on and that should be obvious to anyone.

 

She would also have to prove that YOU did the damage. From your op, when she originally stalled for payment due to`damage`, she wouldn`t even allow you access to inspect and put right.

 

I had a customer like this once, in fact, she had my original work `allegedly `done again someone else, wanted me to pay for it..and refused to show me invoices !!

[kirkydee]

Thanks for the advice and support everyone. I've decided to just write a very simple letter to basically say what cerberusalert suggested as she can't then (hopefully) fob me off with any more questions, comments or excuses. And if she does, I'll just ignore them now as I can't keep being fobbed off. Its hard enough running a small business in this climate without people hiring you and then trying to get out of paying. My wife was made redundant last year and is still out of work so I need all the money I work hard to earn to pay our bills.

 

I have kept copies of all the texts she's sent me and all the letters I've sent her requesting payment or to look at this 'damage' and her responses by text.

 

Just out of interest poppie173, what happened with your customer?

[poppie173]

Hi Kirkydee,

In my case, I offered to pay a part of the cost ( just to get her off my back ) subject to her agreeing in writing that all the other work was ok. I also obviously wanted to see the invoice.

 

Sure enough, as soon as I sent that letter, she started raising new problems ! Bear in mind that she had already paid me, so I put the ball in her court and showed her the before and after pictures I had taken.

Fingers crossed, that was the last I heard from her and its been nearly a year.

 

I ALWAYS take before and after pictures, clients don`t mind at all as I use the pics for my presenter.

I suggest that maybe you do the same in future, just for peace of mind !!

[kirkydee]

Hi poppy173, that was good that you'd taken photos, hopefully thats the last you'll hear from that customer. Think I will start taking photos, I've got a decent camera phone I take to work with me so could use that. Never thought of doing that before as most of my work comes from recommendations now rather than advertsing but having said that, this customer is a friend of my brothers long term girlfriend. I suppose as long as I ask their permission first and tell them that its just for my records and not a website or anything then most people won't object.

 

Thanks for the advise