Clean It Up

UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: jeff1 on May 17, 2007, 06:35:38 pm

Title: Final Demand
Post by: jeff1 on May 17, 2007, 06:35:38 pm
Guy's I'm owed a few pennie's from a certain welsh cleaning company, and I'm buggered if I'm going to let them get away with it,

Its not a lot but its the principle of it, I don't like working for a day and half for free.

I have now sent them 2 invoices and phoned them twice and each time they said they would post it.

I hate liars and I have now had enough,  if it was left up to me, I would drive to wales and collect it in person, but the Boss said 'do it properly you divvy' :o

Do any of you guy's have a letter of a final demand I could shove send to them? I won't hessitate to  take them to  court, so anything with words like that in it would be splendid ;D
Title: Re: Final Demand
Post by: poles apart on May 17, 2007, 08:06:14 pm
Are they anywhere near me? I'll call in and get it for you ;)
Title: Re: Final Demand
Post by: jeff1 on May 17, 2007, 08:10:36 pm
Are they anywhere near me? I'll call in and get it for you ;)
;D ;D Cardiff
Title: Re: Final Demand
Post by: poles apart on May 17, 2007, 10:13:42 pm
Ha. Funnily enough I am in Cardiff tomorrow!
Title: Re: Final Demand
Post by: Majestic on May 17, 2007, 10:17:05 pm
Quote
[Organisation Name]                  OVERDUE NOTICE
[Street Address]                  
[City, State/Province  Postal Code]                  
[Telephone]                  
Fax: [Fax]                  
                  
                  
TO:               ACCOUNT NO.   
               DATE OF NOTICE   17 May 2007
               ORIGINAL DUE DATE   
               DAYS OVERDUE   0
               INVOICE NO.   
               PURCHASE ORDER NO.   
               OUR ORDER NO.   
                  
                  
                  
                  
ACCOUNT SUMMARY                  
                  
This is a reminder that your account is past due. If you                  
have not yet made a payment, please complete the               
Customer Response section and return this entire form               
with your payment.         
If a payment has already been made, please disregard                  
this notice.                  
                  
                  
CUSTOMER RESPONSE                  
                  
               Amount Enclosed:   
               Check No:   
Comments:                  
                  
                  
                  
Customer Signature:            Date:      
                  
MAKE CHEQUES PAYABLE TO:                  
                  
[Organisation Name]                  
                  
Title: Re: Final Demand
Post by: matt on May 17, 2007, 11:00:38 pm
jeff

is ths the outfit on sloper road ?? ??
Title: Re: Final Demand
Post by: *foxman on May 17, 2007, 11:52:42 pm
Begins with M and ends with L??
Title: Re: Final Demand
Post by: jeff1 on May 18, 2007, 07:24:18 am
jeff

is ths the outfit on sloper road ?? ??
Yep! Thats the one
Begins with M and ends with L??
Same one's
 I hope you both have not had dealings with them, If it was left to me I would put there name and address up here for everyone to see.

Hit me with the worst guy's ??? Do I have to go and pay him a personal visit ;)
Title: Re: Final Demand
Post by: ScrimShady on May 18, 2007, 08:18:47 pm
under the small business act you can charge them 12.5% per month that get the money out of them and it all legal.
Title: Re: Final Demand
Post by: jeff1 on May 18, 2007, 08:21:51 pm
under the small business act you can charge them 12.5% per month that get the money out of them and it all legal.
Cheers scrim ;) (very helpfull) were did you get that info from, was it a link on the web? would like to see it to see if I can add some strong words to it.
Title: Re: Final Demand
Post by: busted on May 18, 2007, 08:47:31 pm
if you like i can send the boys round to collect your money for you
Title: Re: Final Demand
Post by: jeff1 on May 18, 2007, 08:52:01 pm
if you like i can send the boys round to collect your money for you
Lol, Thanks Busted for the offer ;) I have my 3 son-in-laws who want to go around for me.
Title: Re: Final Demand
Post by: newbroom on May 19, 2007, 12:37:23 pm
Hello Jeff,

I have a template letter called letter before action gives them 7 days to resolve the issue otherwise you take court action.

Let me know if that can be of any help.
Title: Re: Final Demand
Post by: jeff1 on May 19, 2007, 03:22:39 pm
Cheers newbroom, if you can email it to me that's what I'm looking for.

My email is in my profile

Thanks again  ;)
Title: Re: Final Demand
Post by: mark dew on July 01, 2007, 08:51:05 pm
Has there been any progress jeff?
Title: Re: Final Demand
Post by: jeff1 on July 01, 2007, 08:55:58 pm
Sorry Mark I did do a post with the results on it.

After sending the final demand to the company, within 2 days I had a cheque land on my matt :o ;D

I recon they were hanging on as long as possible or hoping I would just forget about it.
Title: Re: Final Demand
Post by: mark dew on July 01, 2007, 09:03:41 pm
Sorry Mark I did do a post with the results on it.

After sending the final demand to the company, within 2 days I had a cheque land on my matt :o ;D

I recon they were hanging on as long as possible or hoping I would just forget about it.

oops i musta missed it. Well done anyway.
Title: Re: Final Demand
Post by: jeff1 on July 01, 2007, 09:08:27 pm
I just tried looking for it, I can't even remember its title ::) must be my old age, but its funny, I never forget when someone owes me money ;D ;D
Title: Re: Final Demand
Post by: gary evans on July 02, 2007, 07:17:03 am
newbroom

Can i have a copy e-mailed to me also. landywood@tiscali.co.uk

Have a similar problem with bristol company for refund on goods. £1050. Not an ammount to walk away on, always out or meetings etc. If you lived nearer then they know that you would be there all the time.

Gary
Title: Re: Final Demand
Post by: Trevor Knight on July 02, 2007, 07:58:30 am
Dear XXXXXXXXX

Re: Outstanding Account.

Despite several telephone calls and letters sent to you, your account still remains unpaid.

In view of this situation we are left no alternative but to hand this account over to our legal department who will now persue this matter through the County Court.

Please be advised that we will also be instructing our legal department to recover all costs incurred as well as the interest due on your account.

To avoid any further action or costs please send your remittance by return post for the amount of £XXX

Please do NOT ignore this letter.

Yours sincerely,



XXXXXXXXXX
For and on behalf of XXXXXXXXXXXXXX

cc. Mr Thomas Atlore - Barrington Headly Solicitors


___________________________________________________________________________

Make sure you send this letter recorded delivery as then you have proof it was received.

Also prepare a dialog account detailing telephone calls made - outcome, letters sent (dates - outcome) This is vital to your success in court as you need to present a comprehensive case and prove to the judge you have taken all reasonable steps to resolve this matter. It is very rare to lose a case when you follow this format as even if they say the work was not good enough etc... they also have to answer as to why this was not reported back to you and why they ingnore all your calls and letters.

Judges are not stupid, they know the score in this matter and are always aware of the tricks companies play to avoid payment.

In reality the company is probably hoping you will go away and forget about it and put it down to lifes experience whilst they walk away rubbing their hands together. Most claimants are too scared or can't be bothered to persue the matter through legal channels. Don't let this phase you, take the action. There are lots of solicitors who will act on a no win no fee basis which is better for you as they leave no stone unturned in their persuit to recover your money!

Good luck
Title: Re: Final Demand
Post by: gary evans on July 02, 2007, 08:57:08 am
Trevor

Thanks for that. Another very professional & informative response.

I will be acting on this this week, i,ve already informed trading standards & they said to pursue it through the courts.

Thanks

Gary
Title: Re: Final Demand
Post by: jeff1 on July 02, 2007, 02:19:04 pm
The words I used were very similar to what Trevor suggests, They were dictated to me over the phone by a solicitor, I also sent it by registered post, within a couple of days I had the cheque ;D

I was also told that some companys have every intention of paying but keep you hanging on until they receive a letter like above? This just keeps the money in there own account gaining interest until the last minute. ::)
Title: Re: Final Demand
Post by: Spursboy1972 on July 02, 2007, 03:27:39 pm
under the small business act you can charge them 12.5% per month that get the money out of them and it all legal.

This is not strictly due. It is the late payment of commercial debts act of 1998. The amount of interest chargable is 8% above the bank of England base rate.

If you use my best friend google it will find you a site where you will have to input certain data and once you have done this it will calculate the amount of interest due to you. If I could remember it I would put the link here.

If it was me I would just send another invoice with this amount charged (separate to existing invoice) with a covering letter stating that if all outstanding monies are not remitted by x date(pref the one that the new invoice become due) then without further warning you will issue legal proceedings.
Then either deliver the lot personally or send it recorded.

Tony
Title: Re: Final Demand
Post by: Trevor Knight on July 02, 2007, 03:32:45 pm
Hi Tony,

Delivering the letter personally is not an accepted practice in the eyes of the Courts. This could be deemed as using menacing methods and is not viewed favourably. Send the demand via recorded Delivery as this is the best method.

Regards,

Trevor
Title: Re: Final Demand
Post by: Spursboy1972 on July 02, 2007, 03:38:39 pm
Point accepted Trevor. However on the flip sideif I was in court I would argue that I wanted to ensure the letter got there as post is unreliable. Despite which how many of these things actually get as far as court. Very few. I did also put send it recoreded at the end of my post!!
Title: Re: Final Demand
Post by: Trevor Knight on July 02, 2007, 03:41:05 pm
Hi Tony,

I know what you mean regarding the post but if its recorded it should, I did say should, get there :D

I know you said about using recorded, I wasn't being funny, just highlighting the Personal Method?

No offence meant!
Title: Re: Final Demand
Post by: jeff1 on July 02, 2007, 03:51:03 pm
My views on delivering by hand are as follows.

You go to the customers office or what ever, hand it to whom?? the Receptionist , the cleaner?? who tells you the accounts office is closed for the day? or do you get them to sign to say they received it,
I know I wouldn't sign it if I was the cleaner or Receptionist , there are so many againsts to delivering it by hand.

If its recorded they have to sign it and this is done by someone who is in a position to do so, This the courts will except.
Deliver it by hand and they can still say we never received  it.
Title: Re: Final Demand
Post by: gary evans on July 02, 2007, 04:19:26 pm
Thanks for all tha help & advice.

Its maddening that people think they can do what they want, you realy feel that you want revenge other than money. This company have given me the run around because i,m busy & outside there area, i did want to call in & give them one last chance, but it would turn sour to say the least & i,d be even worse off.

I hope that nobody else deals with them & gets the same from them. It was all over the purchase of a steam cleaner that did not work, but returned inside the warranty, which has now been changed. The machine was returned inside warranty but they now say it wasn,t & that the machine had not been booked in by them either. The machine was also not safe for the job or to be used , they now say that we have altered it & that i have to pay for a repair on a machine that did not work properly anyway. Of course the guy who dealt with it all is on sick leave indefinate, so i know where thats leading.

Gary
Title: Re: Final Demand
Post by: Spursboy1972 on July 02, 2007, 08:32:01 pm
Trevor

No offence taken, promise. Its just in this day and age it is difficult to rely on post all the time esp if customer is local (ish).

I have had experience of Rec. dels. going missing and there is no  recourse to Royal Mail.
Title: Re: Final Demand
Post by: mark dew on July 03, 2007, 12:00:19 am
I have had experience of Rec. dels. going missing and there is no  recourse to Royal Mail.

I agree with you, but at least with recorded delivery you will know if it has been signed and received. You can also check if it hasn't and can simply print off another copy of the previous letter and resend.
Signatures are worth their weight in gold in a dispute.
Title: Re: Final Demand
Post by: Spursboy1972 on July 03, 2007, 06:34:33 am
I agree with your point oo. However as said before these things very rarely get to court. 99 out of 100 are settled with the threat of court so my view is get acting quickly.
Do the bailiffs send rec. del...NO. When they turn up do they then go away and send a notice of their visit by rec.del? NO. Does their word that they have done something even if they have not stand up in court? YES.
So my view is whatever it takes to get what is rightfully yours. And yes I have paid someone a visit before and got my money.
Title: Re: Final Demand
Post by: Trevor Knight on July 03, 2007, 07:11:30 am
In my limited experience with baliffs as far as I am aware they call as a court has passed judgement and you still haven't paid?

So all the paperwork has already been processed and now we are getting down to the nitty gritty end of the business?

Like I said, I don't have much experience in this field so am a bit out my depth, as Tony mentioned, most do get settled before court dates!