The customer I mentioned not long ago who I got off to a very bumpy start with (he asked me to send a picture to his email address obviously a rude one). After setting him straight that it was strictly business and deciding whether or not to carry on with his books, I am now half way through his work and I've told him I will drop off the work at the latter end of this week or whenever he is free.
He keeps saying he's hardly ever in the office so I have said well give me a time and date when you will definately be in but he keeps making excuses. He said drop the work off on friday and leave it by the door or with someone else, so I asked how he expects me to be paid. He said leave my invoice with them and he'll post out a cheque.
I just don't trust this man will pay. There has always been something not right about him, I should have known when he asked me to send him a picture but I was desperate for work so I just set him straight and asked could we start again and I would still do the work.
Should I just hand his invoices back not done? And walk away? Thats what I feel like doing I'm so angry how he's calling the shots. Surely I decide how I would like to be paid and when! And after his utter disrespect in the first place to be honest I can't stand him.
What does your letter of engagement say about these circumstances?
I personally wouldn't advocate returning the work uncompleted or you may be in breach of contract. I would return his paperwork by some kind of signed for delivery, either royal mail or a courier with the invoice. If he doesn't pay, just chase it like any other invoice.
To be honest there was no letter of engagement as I had no idea about this until afterwards. I just sent him an email detailing what I'd do and prices and he agreed. Nothing was signed. Is this bad? :/ can he take legal action?
I'm just so tired of it, I've never known anyone so difficult especially him being one of my first clients. The lack of communication, the total disrespect. Should I just send back by royal mail signed for delivery?
I'm at a loss with English contract law, someone else might be able to help there. But if you emailed him a list of the services and price and he agreed, and then followed through by giving you his paperwork I think thats fine.
I would go back to my first post and send the paperwork by recorded delivery, then just chase the invoice as normal, follow up letter, small claims etc. You might be surprised, he might pay.
One thing I would say about invoices is make it easy for people to pay. Give loads of different methods. The biggest reasons for not paying is not being asked (no invoice sent) and not providing appropriate means.
But if I'd completed the work as discussed in the emails, then I'd want paying. In the absence of a letter of engagement, I'd be arguing we had a "contract by specific performance", based on the fact that when he handed over the paperwork, he was aware of your terms and at that point accepted them, unless it was even clearer and you got a reply telling you he was happy to go ahead.
If you haven't completed the work that you "offered" then I could see the situation being a little different. BUT all the above is just an opinion and if you're a member of a professional body - ask their legal department.
-- Edited by ADAS on Tuesday 27th of September 2011 11:10:08 PM
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Tony
Responses are intended as outline only. Formal advice should be sort from your Institutes Technical Department or a suitably qualified Accountant.
Thanks both. I think this all boils down to the fact that he was rude, overfriendly and asked me for personal photos. If he decided to take legal action and I still have all his messages would this be a good enough reason for me to break off the agreement?
Sorry, I think you misunderstand. If you return the work completed, then he has no grounds to take legal action. And as you've done the work, you now just need to return it and collect your payment.
I'm in St Helens Tony. I just feel completely annoyed, upset, uncomfortable. I just want all contact ended with him now. Surely I have the right to do that if he has breached my trust?
I'd agree with Kris and suggest you finish the work off. The only other thing I can think of is send him a polite email suggesting you return the work and both call it quits. I guess it depends how much time you've spent and how much more work you need to do to finish off what you'd agreed.
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Tony
Responses are intended as outline only. Formal advice should be sort from your Institutes Technical Department or a suitably qualified Accountant.
If you have doubts about being paid, you could send the invoice and retain the paperwork until payment is received. Once you have returned the paperwork you have lost all rights of lien over them.
Once paid I would politely tell him you are no longer prepared to do his books. It's a hard thing to do if they are your first, or one of only a few clients you have but some relationships aren't worth holding on to.
Could be tricky, depending on the wording of the emails, if Noola agreed to 'render' the work or didn't specify payment in advance. Presuming it is ok to send her invoice first, would you exercise a lien over the client's papers or just ones own workings?
To be honest if someone was withholding payment from me I would retain everything, and let them argue the case to return it.
Most people do not realise that a lien can be used to retain property, and as they say possession is 9/10ths...
I know that certain things can't be held, and that reasonable care has to be taken while the possessions are with you but I would have no qualms about keeping hold of clients paperwork, after all I also have a right to payment.
In my previous life, I have held on to customers cars until payment for the repairs were forthcoming.
Bill
Edit: Just to pick up on the point about payment in advance. I think that credit terms would have to be specifically implied, otherwise there would be an expectation of payment on completion. In this case I am advocating completing the work, and sending an invoice but it is not a bad idea to get payment in advance
-- Edited by Wella on Wednesday 28th of September 2011 10:00:42 AM
Interesting point Bill. I have never used this, although you are quite right, you are untitled to retain everything until an outstanding bill is paid. I think the key point here is that it is not yet owed. Kay hasn't even sent an invoice yet, she is just surmising that the client 'might' not pay.
For me, reputation is everything. If this means taking the longer road of court action to recover a debt than a lien on property, which has some very specific criteria, then so be it. This is not to say one is better than the other, it's down to choice.
I agree this is a last resort action, I was really only applying it to this situation, which I think is a lost cause anyway. Just reading between the lines, the client is not the type that will do a reputation any good anyway.
Having re read the OP, I notice that the work is only half completed. Depending on how much has been invested in it, I would be tempted to cut my losses and return all documents, and say goodbye.
Only my opinion but I think we all know a character like this, and in my experience they tend to be self focused, with little, or no regard for others. Obviously this is only based on the comments posted here. Over all, what has been described does not bode well for a working relationship, and to be honest, I would not be surprised if it is not the last time he makes inappropriate suggestions. If he's the type to have the front to make them in the first place, he is unlikely to be put off making them again. Like I said though, this is only my opinion
I agree Bill, it's always there as an option when you come to wheeling out the big guns. While I think reputation is everything, you should never let anyone take advantage of you.
I have sent him an email explaining that due to the lack of respect in the beginning I have lost all trust and have been honest that I think he won't pay. He has sent me a polite email back saying if I email him my invoice he will pay so I have decided to do this and send his work back friday but obviously telling him that I will no longer wish to do any work for him in future. Thanks everyone for your replies.
