F
Fred
A company owes me ove 1400 notes and now their not returning my calls. Does any one know the small claims procedure, sending a 1st registered letter etc............cheers Fred
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D
Diamond Pool Finishers
sorry to hear this fred, we all worke hard for are money,and sadly we all end up with **** like this, its a sighn of our times, and we need all need to be on our guard at this moment in time,
G
Gazzer
I would visit the office 1st.
How long overdue is the payment and did you agree terms?
How long overdue is the payment and did you agree terms?
F
Fred
The office is in Hampshire, around 70 miles away. 55 days over due, stated 30 days.
There were problems from the start with this job, a changing/shower room in a leisure centre.
They stated all walls were going to be stripped off, they ended up using the old walls apart from 3 which were plyed out. Unbeknown to me until later the main shower wall had had issues in leaking. Here they got me to back fill the very bottom with cheap tiles in order to fill out the wall. This wall ended up looking like crap.
I did view my feelings but was told it would be ok. They even only half way up the wall tanked it as they didn't realise how far a tanking kit would go, another thing I viewed my concerns over.
They have now sent me an e-mail from the manager of building works at the centre stating basically it looks crap. Now they will now answer y calls.
The odd thing is is that they e-mailed me on 4th dec 09 to say my cheque was on its way!
I feel like I am being used as a scapegoat for their bad managment of the whole project.
And I will loose my home over this, thats the thing getting to me the most.
H
hillhead
R
RockCeramics
Fred
If you say you could lose your house, then i suggest you head over to there office and get some answers. When you are near there office but out of sight ,phone them using payphone (so they dont recognise the caller) they might say hes on the otherline and suggest you call back . then enter there office casually asking for the same chap, and wait for there reply remembering he is there. (bit long winded but they wont/ cant miss lead you.) you should atleast get some kind of answer.
and also get in touch with manager of building works at the centre and find out what he is not happy with and point them out to you.
Was the work you completed signed off by any site manager ?
I would use this small claims as a last resort. keep all records of any contacts with them. go and speak to a legal team and see if they can help.
Sometimes companies will not answer any calls or emails if they owe money ,dont know why?
Lets hope its just a financial problem with lack of funds, for them to pay you.
My heart goes out to you and pray that this gets sorted soon.
If you say you could lose your house, then i suggest you head over to there office and get some answers. When you are near there office but out of sight ,phone them using payphone (so they dont recognise the caller) they might say hes on the otherline and suggest you call back . then enter there office casually asking for the same chap, and wait for there reply remembering he is there. (bit long winded but they wont/ cant miss lead you.) you should atleast get some kind of answer.
and also get in touch with manager of building works at the centre and find out what he is not happy with and point them out to you.
Was the work you completed signed off by any site manager ?
I would use this small claims as a last resort. keep all records of any contacts with them. go and speak to a legal team and see if they can help.
Sometimes companies will not answer any calls or emails if they owe money ,dont know why?
Lets hope its just a financial problem with lack of funds, for them to pay you.
My heart goes out to you and pray that this gets sorted soon.
call a solicitor in the morning fred,enough of fretting yourself over these chancers. the manager has stated it looks crap? id this is the case you have a right to know if he has paid the company you were working for and if he has then why have they not paid you also? also if he has an issue with parts of the job you need to be informed regarding all these matters not just ignored,,call a solicitor mate i bet you get a diff response once they hear from him/her.
T
The Legend; Phil Hobson RIP
Sorry to hear bad news, as above, unfortunatly we are all at risk. Its a shame robbers don't wear black masks and stiped jumpers, like cartoons. You never can tell who to trust. Hope it all comes good for you. I wish I a £ for every time I was told the cheques in the post. Good luck mate.
O
Olz
Send them an invoice and a covering letter stating that if payment is not made within 7 days you will issues court proceedings,
Go onto www.moneyclaim.gov.uk which is the county court online claims site,
Fill in the claim and make sure you tick the box stating you want to reserve the right to add interest per day the balance is unpaid.
Fill out the particulars and the bit about interest, which pops up when you tick the box for you to copy and paste onto the claim woding.
Once you've filled it out save it and print it, DONT submit or pay at this stage.
Put the print out in with your letter and invoice and put in the letter that court proceedings will be commenced as per the claim form enclosed.
If they dont pay within 7 days pay the submit the claim via the online site, the fee is around £60 - £70 i think for the amount in question, then let the court do the rest.
I did the same for a non payer and obtained a CCJ against her for the full amount and costs, I wont go into all the details here, but it was a very easy process and quick as well.
They will send the claim to the customer and tell them to respond within 14 days either agreeing or disputing the claim, if they dont respond or agree the claim they will be ordered to pay via a CCJ, if they dispute the claim a court date will be fixed for you to go to the local couny court for the hearing, although they may well pay up once they see the letter, invoice and completed court claim form ready for submission.
If you need it I can reccommend a good baliff firm.
Go onto www.moneyclaim.gov.uk which is the county court online claims site,
Fill in the claim and make sure you tick the box stating you want to reserve the right to add interest per day the balance is unpaid.
Fill out the particulars and the bit about interest, which pops up when you tick the box for you to copy and paste onto the claim woding.
Once you've filled it out save it and print it, DONT submit or pay at this stage.
Put the print out in with your letter and invoice and put in the letter that court proceedings will be commenced as per the claim form enclosed.
If they dont pay within 7 days pay the submit the claim via the online site, the fee is around £60 - £70 i think for the amount in question, then let the court do the rest.
I did the same for a non payer and obtained a CCJ against her for the full amount and costs, I wont go into all the details here, but it was a very easy process and quick as well.
They will send the claim to the customer and tell them to respond within 14 days either agreeing or disputing the claim, if they dont respond or agree the claim they will be ordered to pay via a CCJ, if they dispute the claim a court date will be fixed for you to go to the local couny court for the hearing, although they may well pay up once they see the letter, invoice and completed court claim form ready for submission.
If you need it I can reccommend a good baliff firm.
S
simhopper
For £1400 70 miles is nothing
Print a small claims form of the internet, Go into there office and tell them they have 7 days to send a cheque otherwise the next time you return the form will be filled in and handed to courts and you will be back with a summons
discomfort and embarresment usually makes the bad payers pay
Print a small claims form of the internet, Go into there office and tell them they have 7 days to send a cheque otherwise the next time you return the form will be filled in and handed to courts and you will be back with a summons
discomfort and embarresment usually makes the bad payers pay
C
Colour Republic
Gary posted about SMC a few weeks back too, it's in the arms I think. But i think it's the same as Oli's
I'm fairly sure that if they have told you the payment is on the way (i.e. posted) it is acceptance of the job, can anybody back this up?
I'm fairly sure that if they have told you the payment is on the way (i.e. posted) it is acceptance of the job, can anybody back this up?
Last edited by a moderator:
C
CJ CERAMICS
hi fred
sorry to hear that you are owed money... i know how you feel i have not been posting on the site now for about a month as i have been in such a bad mood since the end of november. i did a job for a builder local to me that i have worked for before with no problems...3 apartments kitchen walls and floors 1 ensuite and bathroom in each.
he asked if i could supply tiles as well as he didnt have the time to chase them up.
total including tiles labour and materials came to £7500. which was payable upon completion.......guess what he had already sold the apartments when i phoned his mobile no answer so i went round to his house.....there was a SOLD sign in the drive. while standing in his drive furiously kicking the sold sign....a neighbour of his came out to complain about the noise when i explained why i was kicking the sign...he told me that they have gone to live in france somewhere in normandy...he has sold his business and scarpered. to say that i am depressed is an understatement......and to make matters worse got a phone call from the local paper which i advertise in to say that they had made a mistake with my listing and inputted the number of another tiler into my advert.
chris
sorry to hear that you are owed money... i know how you feel i have not been posting on the site now for about a month as i have been in such a bad mood since the end of november. i did a job for a builder local to me that i have worked for before with no problems...3 apartments kitchen walls and floors 1 ensuite and bathroom in each.
he asked if i could supply tiles as well as he didnt have the time to chase them up.
total including tiles labour and materials came to £7500. which was payable upon completion.......guess what he had already sold the apartments when i phoned his mobile no answer so i went round to his house.....there was a SOLD sign in the drive. while standing in his drive furiously kicking the sold sign....a neighbour of his came out to complain about the noise when i explained why i was kicking the sign...he told me that they have gone to live in france somewhere in normandy...he has sold his business and scarpered. to say that i am depressed is an understatement......and to make matters worse got a phone call from the local paper which i advertise in to say that they had made a mistake with my listing and inputted the number of another tiler into my advert.
chris
P
Perry
i think as they said your moneys on the way in a email legally means they were satisfied with the work
C
CJ CERAMICS
Bad news Fred.
Print off the form mentioned by Oli............and take it with a covering letter to there offices.......I would not let it rest until you have the money in ya bank.
Bad news C J Ceramics. Someone MUST know their address
I have asked his neighbours if they have a forwarding address or if they know anyone who will but sadly they have all said no as it seems that this couple kept themselves to themselves and didnt mix with them. i am trying to find out if the company that bought his business have a contact number or address but not having much luck as i think it may be a friend of his. i know this may seem like a daft way to do business but i have worked with this builder on at least 20 previous projects and always got payed as soon as i had finished.....so i didnt see there being a problem:yikes:
chris
C
Colour Republic
Bad news C J Ceramics. Someone MUST know their address
I would try the other neighbour, the estate agents, his solicitor (you might be able to get this from the new owners), The new owners might have a forwarding address for his mail (or he might have done it via Royal Mail)
For 7.5k I would try whatever I could! Horrible business
C
Colour Republic
do you have an email address mate, I might have a sneeky way of tracking him :ninja:
C
CJ CERAMICS
H
heavytrevy
Def hit up the new owners for payment.
They brought the business bad debt and all.
Bet there really quik to give you the old owners forwarding addy.
Trev
They brought the business bad debt and all.
Bet there really quik to give you the old owners forwarding addy.
Trev
its not as difficult as you think tracking people down,,for 7,5 k id be on a boat to france
C
Colour Republic
I'm PM's you back CJ re getting that address
But to be fair if the new people are trading under the same name they are liable for the debt, was it a Limited firm?
But to be fair if the new people are trading under the same name they are liable for the debt, was it a Limited firm?
O
Olz
Get the CCJ asap and transfer it to the high court who convert it to a writ, give it to a high court enforcement officer, who can attend at the business premises and break in to sieze goods, the big advantage of a business to business debt is that the baliff can break in to seize where as a personal debt he has to have an open door, window etc.
Assuming your happy to chase the new owners for it that is, or are they victims of this guys cut and run job too?
C
CJ CERAMICS
thanks for the input guys
have been in touch with the new owners of the company and as they hold the assets and future business of the builder in question i have (after taking legal advice) informed them that they are responsible for the debt owed to me for non payment.
i am in the process of placing a claim with the relevant authorities....will keep you posted.
chris
have been in touch with the new owners of the company and as they hold the assets and future business of the builder in question i have (after taking legal advice) informed them that they are responsible for the debt owed to me for non payment.
i am in the process of placing a claim with the relevant authorities....will keep you posted.
chris
D
Diamond Pool Finishers
Bad bad bad bad times boys be carefull out there!!!!!!!!
F
Fred
Sent an e-mail a few days ago stating my intetion to send a formal letter within 7 days, came back this morning, 'oh, I have not been paid for the complete job myself yet''............I replied.....7 days mate................
P
Perry
tell him you tried telling that to the building society but they weren't repaired to wait
P
Perry
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