Clean It Up
UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: lee_dewing on January 18, 2013, 05:11:59 pm
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Hi did a post recently about a custie that owes £50 (and offended i want it :D)
Just signed up to Thomas Higgins.
I understand letter before action £2.20
But if this doesn't work and custie calls my bluff, will i be out of pocket going to court for such a small amout.
Would rather lose the £50 in costs in court than let custie get away with it >:(
But wouldn't want large court costs.
Ps. sending invoice out recorded delivery saturday or monday depending on how deep snow is :'(
Lee.
Any advice on this guys from people that have done letter and then been to court?
Thanks Lee
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Ive recommended this company for years no one has taken notice until lately someone else posted about it >:( give up bothering. There only up the road from me head office so it looks even better as it looks i have appointed a local solicitor.
If they dont pay up after you have sent the letter and if u take it further.. you dont have to but if you do it gets added onto the customers debt so they end up paying \about £65.00 plus the original debt. unrecoverable debts for you are £15.00....................... so out of the £50 debt you'd get back £35 id rather have that than nothing. what you have to understand is no one will go to court with it ive gone and proceeded with taking about 5 to court now over about 7 years they all pay up as soon as they get court documents through the post... but stupidly to them end up paying 65 quid more because they ignore the first letter :P they wont learn.
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Thanks Dave,
I thought that's how it works £15 loss to me.
So i just keep records of texts, as said sending invoice monday recorded delivery.
Dave I will wave the flag for you if i recommend thomas higgins on here.
Hope the snows not to deep where you are looks like about 4 inches worth of it here :'(
Many thanks Lee
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yeah very rarely will anyone go to court i never have. used to it on houses and a hotel. and a doctor lol for cleaning his house.. 5 proceedings to court i think and all settled out of court. and more letters before action which most pay up.
Snow isnt as bad as other parts i believe but still stopped play. stay warm.
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Thanks for the advice Dave.
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Hi Lee
Is the unpaid invoice for commercial or residential? I have used TH a few times for commercial and the value of work was from a few hundred to a few thousand pounds and have been successful each time I've used them. But I did have a works order and a signed work completion sheet for each job I've had to use TH to collect unpaid debts.
Without proof of written confirmation that the work was agreed i.e works order and a signed work completion notice, you may have difficulty if you have to prove that the work was asked for and you carried it out as specified to the standard required.
If you don't have this? your customer could just say, I didn't ask for any work done, or it was not carried out as specified or the level of work was unsatisfactory etc.
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It's just domestic, Simon.
Have text's from customer saying she will pay would that help me?
Also sending invoice recorded delivery.
Help! anyone; Dave were your custies domestic?
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my customers that ive used TH for have been a mixture of domestic and commercial.
they don't want the hassle of going to court and defending it... as i said ive never ever got anywhere near going to court they just pay up. Ive not had any confirmation of cleaning on paper or anything.
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Thanks Dave.
I understand Simons point of not have custie signed off.
But they could be said of other services such as say milkman.
Sorry Simon milkman (that's all i've got ;D)
Thanks guys :)
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It's just domestic, Simon.
Have text's from customer saying she will pay would that help me?
Also sending invoice recorded delivery.
Help! anyone; Dave were your custies domestic?
Yes your texts could help. Usually the fear of being sent a LBA by TH usually does the trick, however savvy commercial businesses know that if the work wasn't agreed in writing and signed off as happy and complete then the kind of procedure TH advertises won't result in a payment with costs and interest. My best advice for new commercial work is to send a work order, that is returned and acknowledged by the customer, then a signed work completion note once the work is complete. This way they have little defence on late payment.
One Manchester firm who failed to pay me on time for high-rise city centre window cleaning in Bristol cried like babies after wrongly thinking I'd write off the debt, they rely on bank credit and were black listed through TH for poor credit. I was fobbed off for ages, until they realised they were before the small claims court, I then had two calls from a young girl they employee making every excuse under the sun ::) at that point I knew the law was in my favour so so said I'm very sorry the debt has been passed on to TH.
The property in question is worth millions and has since passed hands a few times, there are plenty of property owners who will try and stiff you, so put the basic precautions in place.
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Thanks for the info Simon.
Never been much intrested in commercial.
I suppose paper work for domestics is unrealistic.
I'l let you both know how this one unravels :-\
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Hi lee the only problem I have with domestic is sending cuties a solicitors letter in a large street is were they can foul mouth you and run your service down, after all it's your word against theirs. Is it worth ur money back. Are god knows how many in the street you could lose,, it's up to you
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Hi lee the only problem I have with domestic is sending cuties a solicitors letter in a large street is were they can foul mouth you and run your service down, after all it's your word against theirs. Is it worth ur money back. Are god knows how many in the street you could lose,, it's up to you
Which is a very valid point - but one getting away with it can inspire others to do the same. In Lee's case I'm sure that she has already bad-mouthed him so personally, I would give this one a go; news soon gets around that you are a Mr Nice Guy but won't be messed with.
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Hi lee the only problem I have with domestic is sending cuties a solicitors letter in a large street is were they can foul mouth you and run your service down, after all it's your word against theirs. Is it worth ur money back. Are god knows how many in the street you could lose,, it's up to you
I wouldn't worry about that!! In the average street no-one knows more than their immediate neighbours and maybe one or two each side or over the street. The days when everyone in the street knew everyone else are long gone!
I've had people threatening to 'destroy your business' by putting the word about - I laughed in their faces and told them to go for it. Never heard anything else.
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In another life i'm a law student and have a knowledge of contract law after studying it indepth.
Keep your texts, they are proof that she owes you the money. If it went to court all you'd have to do is prove 'on balance of probabilities', in other words the judge has to be above 50% sure you are in the right, the texts should see to that, it is more than just your word against hers (which would be 50/50).
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Pdale,
could i show texts off phone or should i try to print out, or would that just look as if typed?
Also yep customer could rubbish me i have 2 other customers in the road £20 each get on quite well with.
But at the end of the day if anyone says anything I will just say I stopped doing the customers windows because it was harder to get the money than clean the windows and i had to send out solicitors letter to get payment.
I don't think people should get away with knocking you for payment not with out putting up some kind of a fight.
There's not many businesses out there that would let you not pay them, I suppose you could argue that they are bigger ie gas elec supplier.
But 15 yrs ago I worked in a job in the printing industry 1 of the partners there was a real pr1ck and tried to bully me into working overtime was there 11pm + a couple of times had a row and i walked out, was living at parents at the time ;D
They owed me wages can't remember exact details sum 0f £800
Everyone told me wouldn't get the money and i was partly to blame just move on.
Took them to the small claims court and won; board was 80% on my side got about £700 back.
I'm gonna go after this one they live in a big house with flashy cars not little old lady who's struggling to pay to keep the house warm.
thanks for all the feed back guys.
Lee
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You can type the texts out if you take her to court. They only become an issue if the customer denies she sent them to you. By keeping them on the phone, you have proof that she intended to pay you the money and proof that she did in fact send them to you.
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Thanks Pdale.
Sent another text, she replied she would pay saturday eve, she may well have but nothing in my bank.
Sending invoice recorded delivery monday will wait round til following monday then solicitors letter on the way.
Unless custie pays in mean time.
Good learning process i suppose ;D
Thanks for all your advice and comments guys, plenty of time to think about my business as will be off monday and a bit longer if snow keeps topping up :'(
If i don't do it this year due to lack of funds will deffo have L5 heater in the garage this autum for next time and better winter clothing.
Not too bad what i've got but will be adding ski pants (tip from Dazmond)
Also gortex jacket or ski jacket (alot cheaper see one with zip vents armpits)
Oh well unpaid hols :D i suppose the only thing worse than not being able to work; is being an employee and having to go to work in this weather.
Don't miss them days ;)
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honestly lee, if its just domestic it wont get anywhere near going to court how much is the debit for? soon as they either get a letter they will pay.. if not and u send court proceedings as soon as they get the details through the post they have to reply to Northampton county court if they wish to fight it, pay it, etc ... you will find she will be on the phone stright away asking how to pay or where to send the payment too.
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Thanks Dave i do belive you and going through motions.
Just preparing myself if goes all the way.
Thanks alot for your help Dave.
Hope you get some work done this week. :)
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Ps. thanks for bringing Thomas Higgins into our life's.
Saves on the eggs and flour :o
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Got one on the go for just over a grand - I will let you know the outcome!
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£1000 :o
Good luck with that darren.
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I GOT PAID :D
Just an update, I got paid!
I set up tent on customers front garden blocking her car in drive and refused to leave unless she paid.
Told her if she called the law, i wouldn't go without a fight.
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;D ;D
Joke!
Sent invoice recorded delivery and she paid today.
Part of me is upset that i didn't get a chance to send thomas higgins letter before action :D
If anyone is thinking of using thomas higgins solicitors; LBA it's £2.20; but you have to register with them so worth doing in advance.
Have to send proof of address and photo copy of drivers licence or passport.
Did it all online took about 15 mins as i had to scan in said items.
Thanks everyone.
And a Big thankyou Dave ;)
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No payments this end, can proceed with court action now. Haven't made up my mind yet, have successfully won a court case in a different matter before, so this would be easy peasy, but I think I will call them up, and tell em what the implications are.
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Good luck Tim. ;)
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glad u got your money Lee still saved you 2.20 lol.
Tim, if its domestics it will probably get settled out of court, i sent court actions details to a large hotel chain they paid up within the week lol.
No payments this end, can proceed with court action now. Haven't made up my mind yet, have successfully won a court case in a different matter before, so this would be easy peasy, but I think I will call them up, and tell em what the implications are.