Unpaid invoice to my company.

[fred12345]

Not sure if I'm in the right place or not.

 

I'm a sole trader in the decorating industry mostly working on the public sector.

 

I have recently finished a job and the client is well past the deadline for paying my invoice.

 

 

Having nudged him to pay up he has now thrown a spanner on the works asking for my liability insurance due to damage to carpets - Which is believe is false.

 

 

He has now stated that he's not paying me until he's got my details. T

 

 

o which I've refused to pass over until I've been paid.

 

 

Am I right to do this?

I see this as an opportunity for him to sting me twice.

 

Any help appreciated.

[AndyOrch]

Thread moved to General legal Issues.

 

Please continue to post here to your thread Fred.

 

Regards

 

Andy

[BankFodder]

It would help us to help you if you could give us more details of the work that was done and the invoice which remains unpaid. Is your client a public sector client? When was the job done? What was the agreement further payment?

 

In terms of the alleged damage, – what has been alleged? What is the value of the alleged damage? Have you seen any photographs?

 

If you could let us have this basic detail then we may be able to give you some advice.

[fred12345]

The work was painting of a hall, stairs and landing.

All work was completed 18 days ago with the invoice now being 11 days overdue. (Not a huge amount of time I know) the work was started 2 weeks before Xmas a day a part payment was put in on the 23/12 - this too was delayed. All my invoices state payments to be made within 7 days. It is the public sector ( domestic ptoperty) This particular client has proven to be very difficult to work for as knowing other trades working on the property have been left in the same situation.

 

The damage I'm accused of is paint on the carpet. 2 spots were pointed out to me - about the size of 5 pence - not sure if it was paint as I managed to rub off with my nail and totally gone. They want to claim for cleaning or replacement due to "damaged by cleaning" in his words. Unfortunately I have no pictures of this apparent "damage"

I have no issue with giving my details of insurance to them but I'd sooner them settle my overdue invoice before i do so.

[fred12345]

Any views on if I'd be in my own right to withhold my insurance until I was paid?

[SuperVillain]

Seems like the customer is sticking to his guns so you have to make a decision as to whether you want to engage with him or take further action.

 

I would certainly ask him for pictures of the alleged damage and for invoices regarding the cleaning/damage - to quantify the claim as Bankfodder suggests above.

 

If you think he's just chancing it and is after a discount, maybe try a different approach and say you don't admit liability for any damage but you're willing to give maybe a 10% discount on the invoice amount (depends how much the invoice is) in return for payment being received in 7 days etc.

 

I'm just trying to think of a pragmatic way of solving this as if you both dig your heels in, it seems like no one will get paid anything for a long time.

[fred12345]

One of the tactics to stall payment to me was requesting that I send copies of my original quotes for extra works and the original email thread with the original quote. This is now in their receipt so realistically they're in breach of my terms of invoice? Am I correct in thinking that the sales of goods act ( or similar) comes into force? I wondering the fact that using the "I want your insurance docs first" seems like blackmail in a way.

 

I will request pictures. Also my insurance works on taking my statement and likewise with them.