advice about payment for work completed***Resolved***

[AndyOrch]

How did this quote come about marke...who approached who?

 

Regards

 

Andy

 

Thread moved to the appropriate forum.

 

i think you need to put some pressure on the agency, they contracted you to do the work on behalf of the landlord.

 

have you done work for them before? if so how did that go?

 

whenever ive had a situation like that, the agency always allowed the next months rent to arrive and paid me out of that if the landlord was slow to pay up

 

Did they? ...I'm still waiting for clarification on that point martin.

 

Andy

[marke32]

I've never worked for them before and really didn't want to. A friend who is a builder asked me if I would do it and told me to send a quote in. He has worked for them before and had no problems, I think he'd said he could do it and then realised it was too much for him

[AndyOrch]

So the agency never approached you and you quoted vis a third party recommendation...your quote was address to the agency therefore the contract is between you and the agency as they accepted your quote.

 

Therefore payment is due from the agency to you..that is binding...that is the contract and agreement.

 

marke you may need to possibly look at your drafting for quotes in the future...do you currently include a section on payment and what is required in an acceptance of quotation and completion of work.?

 

There is no law that payment is expected within 30 days of completion..that tends to be a paraphrase that has no legal standing but is an expected usual term of business.

 

Payment is when you request it.

[martin2006]

"I emailed the quote and they gave me the go ahead"

 

this is perfectly normal andy, done it hundreds of times without really any issues, when you are self employed there is rarely the time to draught contracts etc so its kept a little more informal, especially for a one man band tradesperson.

 

i totally agree the "contract" here is with the agent as they gave you the go ahead, put some pressure on them, see if the landlords promise to pay by weekend has transpired and if not i would be looking at maybe a statutory demand, especially if its not someone you plan on working for in the future

[AndyOrch]

Yes I accept all that martin ...just trying to clarify the basis of the agreement ...because if its litigated that's what it will come down to.

 

So we have a quote and an acceptance...therefore we have a contract......the parties are marke and the agency...nothing to do with the landlord.

[martin2006]

All true andy i dont disagree with any of it, just looking for the quickest way to help the OP get his money and litigation will take far longer than issuing a stat demand

[AndyOrch]

Cant issue a Stat Demand unless the debt is above £750

[martin2006]

This is true andy which is why i said "maybe", the OP hasnt given the invoice value.

[marke32]

They owe me £695, but I thought just as you've said the contract is between myself and the agency and they should pay. I shouldn't have to chase the landlord for it.I won't be working for them again so I will give it until tomorrow and if nothings arrived I'll put some pressure on the agents.

[AndyOrch]

They owe me £695, but I thought just as you've said the contract is between myself and the agency and they should pay. I shouldn't have to chase the landlord for it.I won't be working for them again so I will give it until tomorrow and if nothings arrived I'll put some pressure on the agents.

 

Thats the way ...perhaps a politley drafted LBA (letter before action) allowing 7 days otherwise you will be issuing a claim through the CCBC Northampton MCOL.

[martin2006]

Its a pity that it falls below the threshold for the stat demand as its a useful tool.

 

Draught a letter to the agent stating that the invoice is now overdue and payment is required immediately to avoid further action being taken, worst case scenario now is small claims but lets hope they sort it quickly.

is it a high street agent btw or an independant?

[marke32]

Yes I might just do that, I'll see what the agents say tomorrow and take it from there I'll let you know how I go on.

 

Thanks to everyone for all the advice much appreciated

 

Mark

[maroondevo52]

I always found having a word with the agent face to face was always better than phone, letter or e-mail.

[marke32]

Yeah there is that option, but there's a very good chance I'll blow my stack so want to avoid it if I can

[maroondevo52]

Yeah there is that option, but there's a very good chance I'll blow my stack so want to avoid it if I can

 

Yes I know what you mean, 7 weeks is too long to be waiting for your cash.

[marke32]

Yes I know what you mean, 7 weeks is too long to be waiting for your cash.

 

definitely yeah

[marke32]

well I've just emailed the estate agents and made it clear if I have to go and see them personally it won't be a pleasant experience, they've replied and said they have spoken to the owner and there's a cheque in the post, we will see!

[maroondevo52]

Let us know if you get it

[marke32]

will do

[martin2006]

for me it was always the most difficult type of work to get paid for because it involves 3rd parties, i learnt to become selective which agents i would work for and with agents i hadnt worked for in the past, i was keen to only do smaller jobs to see how things went.

 

Good tradesman are always busy and when an agent or other 3rd party called with an "urgent" job i always became a lttle suspicious because they almost always have a few of each trades on their books so to speak unless there have been problems in the past and trades have walked away because of it.

 

the bottom line for future is set the payment details up with them before starting the job

[marke32]

Yeah you're right there although I have little intention of doing work for agencies in the future, just not worth the hassle. I'll see today when I get home if a cheque has arrived, I still doubt it though

[martin2006]

dont let it put you off altogether, they arent all bad, its try and see.

 

Dont be surprised if the LL has sent the cheque to the agent and made it payable to the agent, this again is quite normal as the agency may well have added a premium to your quote for dealing with the job on behalf of the LL, you then wont be paid till that has cleared in their acc, just a heads up of what still could happen!

[marke32]

Yeah I never thought of that, but it does sound to me like he's supposed to be sending it straight to me so fingers crossed

[marke32]

just got home to find a cheque on the floor, fingers crossed it clears!

 

Thanks to everyone who's give me advice I've definitely learnt a few things!

[maroondevo52]

just got home to find a cheque on the floor, fingers crossed it clears!

 

 

Good stuff.