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Posted: Thu Apr 03, 2008 7:59 pm
by surreyhillslandscapes.com
Hello the cabin, looking for some advice, it's a long story so here goes.
Started a large recessed to raised patio at the beginning of January which involved removing the spoil to the bottom of the garden using a small dumper then tipping off the edge of the bank and leveling. As you may remember january was a very wet one and the dumper kept getting stuck so we opted to pile the remaining soil ( about 15 tonne ) just outside the working area. I told the customer we would come and take the remaining when the ground dried out and agreed to hold back £ 2500 until this was completed, she verbally told me she was happy to spread the remaining where it was to build up the level between the raised patio area to the new decking area which we did, we imported 6 tonne of quality 10mm soil to repair all dumper trench marks all raked and seeded. She insists on holding back £1500 until the grass comes back fully even though my quote specifies that we're only down for soil reinstatement, got a horrible feeling she has no intention of paying at all, as i understand i can't go around and remove £ 1500 of sandstone paving for fear of being done for criminal damage, do i need to go to court? any questions and comment gratefully received
Posted: Thu Apr 03, 2008 8:55 pm
by Dave_L
Small claims court!
The quotation is worded correctly and details all proposed works - you have a strong case.
Do you have a letter accepting the quotation from the customer?
Posted: Thu Apr 03, 2008 9:17 pm
by surreyhillslandscapes.com
Thanks Dave, I do have a letter accepting the quote , I have never had a problem with a customer in the two and a half years I've been trading and really belive this customer to be very unreasonable, maybe the threat of court action will be enough but if not how long could a claim take and I assume she would be liable for all of my costs?
Posted: Thu Apr 03, 2008 9:23 pm
by Dave_L
We used the SCC when I was in the motor trade against non-paying customers with good success rates.
Yes, if they find in your favour, then the 'customer' becomes liable for costs - but a SCC application isn't expensive - but your time is!
The SCC is quite straight-foward - I'm not sure if your costs can be factored in, though.
Is it worth the hassle? It is prime grass-growing season, before long the lawn will be back to how it was, surely? I know, on principle, the job should be fully paid on practical completion, but......
She's basically taking a [large] retainer from you......
Posted: Fri Apr 04, 2008 12:49 am
by matt h
In this case the lady is being unreasonable and a letter requesting payment in full within seven days or court action will be taken and the following additional costs will be applied for as follows; administration charge...add about three hours labour..solicitors fees and interest @ 12% per day in line with current legislation. If she does not pay apply on line through county court, add their fees to your bill plus percentage for agro, and same day decision is made and court bailiffs will be appointed to get your money if she doesnt pay. The threat of court action usually works, if nor a copy of the court application with statement that unless paid in full the county court judgement will apply and she will be liable to all costs. Dont hesitate. You have done the work, and she has to pay the agreed sums. You are entitled to interest on any sums she is holding back to boot
Posted: Fri Apr 04, 2008 6:10 pm
by surreyhillslandscapes.com
Thanks for the advice fellas will keep you updated..
Posted: Fri Apr 04, 2008 6:19 pm
by Rich H
Here follows the text of a standard letter I have used on the handful of occasions I've needed to. Everytime a cheque by return:
"DEMAND PRIOR TO COURT ACTION
Dear XXXXXXX
As payment has not been received, we intend to commence Court proceedings against you if payment is not received by XX XXXXX 2008.
Should proceedings be commenced a claim will be made for statutory interest at the rate of 8% p.a. together with court fees and costs.
Please note that this letter is issued in line with the spirit of the Court’s practice direction on pre-action behaviour and will be submitted to the Court as evidence of our attempt to exhaust all methods to gain rightful payment prior to any formal action.
Yours sincerely,"
Posted: Fri Apr 04, 2008 6:51 pm
by dig dug dan
my comment is that in my opinion you offered way above what is normal as a retainer. this is in your favour, and how much has the customer saved by having the spoil kept on site? waiting for the lawn to grow back is a small price to pay for the money saved.
this is an open and shut case. you will win!
I have just successfully used money claim online to issue a summonds for non payment of a crusher hire, and i got a cheque within a week, for the full amount plus court fees.
It works everytime!
Makes me mad when customers think they can bully us into this sort of thing. as i told one customer once "it's not a game, it's our liveleyhood!". she soon paid then!
good luck
Posted: Fri Apr 04, 2008 7:21 pm
by lutonlagerlout
sorry to be the devil's advocate but i do get a bee in my bonnet about the damage plant does to gardens,so i try and keep things watertight on what will happen regarding re-instatement
IMHO i would go back and turf the tyre marks,get paid ,job done
i wouldnt fancy ruts down my garden but £2.5k is a big amount for such a small area
LLL
Posted: Fri Apr 04, 2008 10:29 pm
by surreyhillslandscapes.com
The tyre ruts have been flushed out with 10mm topsoil and seeded with quality seed, even though I'm only down for soil re-instatement, I would like to turf it and get it over with but i feel she would just find something else to pick at....like the turf is the wrong colour green, so am unwilling to throw anymore money at a job that I have hardly made a penny out of, thanks again fellas for the input, watch this space..
Posted: Sun Apr 06, 2008 11:23 pm
by IanO
Not sure I would describe this as an 'open and shut case'. The contract for hiring equipment and then not paying is considerably less complex that what has happened here.
The job changed (due to the weather), so this is not black and white. Perhaps the customer is concerned - have you tried talking to her to understand her concerns? Perhaps a little reassurance rather than the threat of a court action might help?
I appreciate this is your livelihood, but presuambly you would prefer she recommended you rather than end the job this way? The court just might not see things as you do - are you willing to pay her costs if you lose?
Regards
Ian.
Posted: Tue Apr 08, 2008 11:59 pm
by matt h
I think he's already tried the reassurance track, and the amount she is holding is clearly unreasonable. He has made every reasonable effort to ensure correct completion and should therefore be paid for work done:)
Posted: Thu Apr 10, 2008 10:06 pm
by warnergrounds.co.uk
Hi Surrey
We use echosign.com for our contracts and any amendments/additions to our scheduled works. We also confirm that all materials remain our property until final payment. That way we can remove the stone - legally - if payment is not received.
I have to agree that it might be worth getting her to confirm, in writing, that if you returf then you will be immediately paid the balance in full. You will only get your Court fee back once the proceedings are over and if she decides to defend it could take ages. If she fails to pay after the turfing you have her bang to rights and no Judge will sympathise with her.
Before founding Warner Grounds I was a Defendant Litigation Executive for 12 years so if you do decide to go the Court route I'll draft your proceedings for you as a freebie.
Hope you get it sorted.
Lara
Posted: Wed Apr 23, 2008 9:15 pm
by surreyhillslandscapes.com
Popped into the job earlier on to take some photo's, knocked on the door and the customer answered, " Oh Hi Mark, was about to call you, it's looking wonderfull out there, I'll write you a cheque now..." Thinking that there were some delaying tactics going on due to lack of funds, Thanks for all the advice people and Lara for the offer, will definatly be drawing up contracts for these larger jobs from now on I reckon 
Posted: Wed Apr 23, 2008 9:21 pm
by dig dug dan
sounds like they were trying it on
At least you got paid without the hastle. Great news