[Neil Williams]

Did a mattres clean nearly 2 weeks ago.
Checked with the guy the day after the clean to make sure he was happy and he was chuffed.
So as he had forgotton to leave the money out on the day I said could you send the cheque.
He sent the cheque and irony of irony it bounced just like the mattress
I just about saw this coming as when I finished the job I saw a returned cheque on the kitchen worktop.
I've sent it back to him but I'm starting to tire of filling in on-line court papers for non payment    

[GWCS]

Did a mattres clean nearly 2 weeks ago.
Checked with the guy the day after the clean to make sure he was happy and he was chuffed.
So as he had forgotton to leave the money out on the day I said could you send the cheque.
He sent the cheque and irony of irony it bounced just like the mattress
I just about saw this coming as when I finished the job I saw a returned cheque on the kitchen worktop.
I've sent it back to him but I'm starting to tire of filling in on-line court papers for non payment    

do you get them to sign a contact before work starts or just inform them you file paper if it bounces?

Just wondered how you can claim if you dont actually have a written contract.. never tried claims.. but be interesting to know for the future

thanks..

[peter maybury]

If you were working for somebody else you would have to insist on a guaranteed payment either cash, cheque with guarantee card ( if you accept this method). Why when you are handling your own money can you not insist on this also. It is not unreasonable it is the way of business and customers expect this to happen.
If you register with Thomas Higgins in Manchester then they only charge about £3 for a letter and in most cases this will secure your payment in most cases. A verbal contract will stand up in court  and we have never had any question of this brought into court. You already are in the right if the cheque has bounced as it is illeagal to  write a cheque if there are not sufficient funds to cover it.
Had the customer refused to pay because he was not happy with the work then it would be a totally different matter.

Peter
www.carpetcleaner-cardiff.co.uk

[Jim_77]

You don't need anything written down.  Contract law has been reformed in recent years to favour word of mouth contracts such as the majority of us still undertake.

Someone with more legal knowledge than me could explain it better.

I've just successfully got a CCJ against a plasterer who didn't pay me for a job to correct one of his accidents.  Job ticket was £60+VAT :

[Peter Sweeney]

Contract has always been this way Jim.

When you buy a newspaper that is a legally binding contract.

[Aquakleen Restoration Services]

I insist on payment upon completion. I wont move until I get paid now!!

[Doctor Carpet (Ret'd)]

I - implicit

W - written
O - oral
N - Necessity
D - Deed
E - Estoppel
R - Ratification

These are the seven ways that a contract can be formed. Only some perhaps need further clarification.

An example of Implicit would be if you had worked for somebody then you wouldn't do so unless there was an obvious implication that you expected to be paid for your labour.

Necessity. If say you prevent a flood from causing greater damage to a carpet and furnishings then although no contract may formerly be in existence, by undertaking the salvage then by necessity a contract is being formed between you and the owner of the carpets because you had to get on with the salvage rather than waiting for a contract to be agreed.

Deed. This is a legal "deed" such as a will which is witnessed and stamped.

Estoppel is just a fancy word meaning that the facts are so obvious that neither party would be able to deny the self-evident truth of the facts. Eg. if an employee has worked for an employer for 12 months and has been paid weekly then the employer cannot turn round and deny that there was no contract.

Ratification. Although no contract may have been in existence at the time that consideration passed, both parties can subsequently agree that the intention had been there to have a contract.

As you can see working for people creates a contract at several levels - oral is just one of them.

Class dismissed!

I shall be testing you on your new found legal knowledge next week. All you have to do is remember the acronym.

[COLIN BRIGHT]

A BASEBALL BAT NORMALLY DOES THE TRICK 

[GWCS]

So whats the minimum you can actually claim for?

Im a window cleaner and im owed small compared to what you guys charge but a number of outstanding payments.

I like reading the CC section much more help and advise received

[Jim_77]

Pete - my old boss had a legal wrangle a number of years ago, I seemed to recall something being said about changing of laws... must be my fuzzy memory then

Damn good info Roger, hopefully will help others feel more confident they have a right to seek payment in disputes like this.

GWCS have a look at https://www.moneyclaim.gov.uk/ it'll tell you all you need to know.  You can do a claim online in 5 minutes, it's that simple.

[Paul W Jones]

The fact that the guy sent you a cheque in the first place is good enough for a claim. 

[GWCS]

Pete - my old boss had a legal wrangle a number of years ago, I seemed to recall something being said about changing of laws... must be my fuzzy memory then

Damn good info Roger, hopefully will help others feel more confident they have a right to seek payment in disputes like this.

GWCS have a look at https://www.moneyclaim.gov.uk/ it'll tell you all you need to know.  You can do a claim online in 5 minutes, it's that simple.

Thanks Jim! 

[AJB]

I'm sure that as the cheque bounced, you can apply for a summary finding, ie
he can not defend it. Basically the judge awards you the claim,
as there is no defence in law to bouncing a cheque.

You claim for the outstanding amount,
the court fee
and interest at 8% per day. ie 8% annual divided by 365
administration fees, ie your costs trying to get payment.
If you go to court you can also claim £50 to cover lost earnings.

If you calculate this, and send a letter requesting payment by return of post. Failure to comply
resulting in your Application for Summary judgement.

So £60 now payable, would become 60 + 38 + 1.31p (per day) + £10 (or whatever you charge for a letter)= £108 + interest.
If you do go to court £158 + interest.
If your claim goes in they can do nothing about it, they've already lost, the moment
the cheque bounced.

[Neil Williams]

So whats the minimum you can actually claim for?

I don't think there is a minimum. I've filed papers before for £30 unpaid window cleaning bills, and only this morning I walked out of the County Court with £200 after dealings with a local Ford dealership franchise, when the front bumper went missing off my Transit whilst it was sitting in their car park awaiting repairs. Ok it's taken since October 2008 to get this matter sorted but I'm like a dog with a bone when I'm pushed enough
As for Mr Sleepy with his mattress, he's had the letter with a photo copy of his £92 bouncing cheque and if need be I'll take him to Court to.
I'll be on first name terms with the Court Usher if I stay in this game much longer

[Mike Osbourne]

The fact that the guy sent you a cheque in the first place is good enough for a claim. 

Exactly

People make out cheques knowing they will bounce, some stop them. What they don't realise is that it's proof of a promise to pay. Some people eh!

[murky]

As per my previous posts on this, and what Peter said up above, use Thomas Higgins, letter before action costs about £2.60.

My last customers Invoice was £360 or so, wouldnt answer the phone, gone away, etc etc. Used Thomas Higgins and cheque in my name inside 7days, OK had to pay them the £2.60 but hey whats that eh.

Having used them time and time again they allways get the money, I suppose the letter on County Court paper saying they are due in Court in 10 days time or so scares the cr@p out of them.

I have always been paid, from 2k down to £30.00.

Good luck.

Murky

[GWCS]

As per my previous posts on this, and what Peter said up above, use Thomas Higgins, letter before action costs about £2.60.

My last customers Invoice was £360 or so, wouldnt answer the phone, gone away, etc etc. Used Thomas Higgins and cheque in my name inside 7days, OK had to pay them the £2.60 but hey whats that eh.

Having used them time and time again they allways get the money, I suppose the letter on County Court paper saying they are due in Court in 10 days time or so scares the cr@p out of them.

I have always been paid, from 2k down to £30.00.

Good luck.

Murky

you can claim that £2.60 back as expenses anyway

[AJB]

I wouldn't claim the £2.60, i'd add an admin fee of £10 or £20 on to what was owed.
Depending who you bank with, you are charged for that cheque being returned, add that on also.

[Doctor Carpet (Ret'd)]

And of course there's another expense for the drawer of the cheque.

They'll be charged £30 or so by the bank upon which it is draw if it is returned unpaid . In the older days a cheque could go through the system and only on the third time might it come back "Refer to Drawer" thus having cost the account holder £90 and the cheque still not having been paid-even if it was only for £40 or so.

And here's a tip: never let the drawer write the cheque guarantee card number on the back; always do it yourself. If the drawer writes the number on it then it is not valid and can still be bounced by the paying bank.

[Shaun_Ashmore]

Roger I was once told that by a bank manager customer of mine, he always questioned my bill to him though and I had to itemise everything for him.

I think he was trying to stop me from having a big bonus unlike him.

Shaun