Completing jobs for distant landlords - how to ensure payment?

[Keefy]

I have and in no uncertain terms I've made it clear he needs to pay up. I WILL remove rads and and pipe work if no payment by end of next week. I'm fuming about it tbh. The cheeky git even said at the end of the email would I be interested in signing up for 5 years cp12's and servicing with him! Cheek

Don't fall for that old landlord trick.

 

[Reg Man]

I have and in no uncertain terms I've made it clear he needs to pay up. I WILL remove rads and and pipe work if no payment by end of next week. I'm fuming about it tbh. The cheeky git even said at the end of the email would I be interested in signing up for 5 years cp12's and servicing with him! Cheek

I know how you feel; Legally you are not permitted to take goods back once they are delivered to the address. You will find that this is will give the debtor a sound legal argument if the dispute ended in court. So best go down the route of contract law, because he accepted the quote he entered into a contract and must pay you in full, providing you have completed the work satisfactorily. Give the debtor oppotunity to pay. If they do not give them fair notice. If they ignor this. Give them notice that you intend to recover the debt through the county court. If it goes to court and you win, the debtor will have to pay all your costs and potentially interest on the outstanding money.

 

[Keefy]

I know how you feel; Legally you are not permitted to take goods back once they are delivered to the address. You will find that this is will give the debtor a sound legal argument if the dispute ended in court. So best go down the route of contract law, because he accepted the quote he entered into a contract and must pay you in full, providing you have completed the work satisfactorily. Give the debtor oppotunity to pay. If they do not give them fair notice. If they ignor this. Give them notice that you intend to recover the debt through the county court. If it goes to court and you win, the debtor will have to pay all your costs and potentially interest on the outstanding money.

I'm currently looking into drawing up my own terms and conditions and found one firm had added that all materials are their's until paid for. I want to add something similar to mine but you say it's not legally permitted? Legal or not if I ever have a problem customer like this I'll be taking the gear back. Where can I find where it states I'm not legally allowed to take my stuff back?

 

[Reg Man]

I'm currently looking into drawing up my own terms and conditions and found one firm had added that all materials are their's until paid for. I want to add something similar to mine but you say it's not legally permitted? Legal or not if I ever have a problem customer like this I'll be taking the gear back. Where can I find where it states I'm not legally allowed to take my stuff back?

Part of my training was at Cardiff university school of law, where part of the study and exams were on contract law. I have not got the book to hand at present but can get back to you if interested. It goes into OFFER and EXCEPTANCE and terms of the like. I am not sure if your own terms and conditions can overide it either as your terms and conditions are not above the law.

 

[Ray Stafford]

I'm currently looking into drawing up my own terms and conditions and found one firm had added that all materials are their's until paid for. I want to add something similar to mine but you say it's not legally permitted? Legal or not if I ever have a problem customer like this I'll be taking the gear back. Where can I find where it states I'm not legally allowed to take my stuff back?

The clause you are referring to is sometimes called "retention of title". Our Ts & Cs have it - you can find it in paras 6 onwards on page 2 of [DLMURL="http://www.williams.uk.com/creditapp%20for%20web%20jun12.pdf"]this link[/DLMURL] if you can be bothered with the small print.

The problem with repossession is two-fold.

If the items are incorporated into the fabric of the building, then you can't legally remove them. I had a case once where a site contractor went bust, and we went on site with a load of lads and vans and recovered a lot of gear. The definition of "incorporated" became a bit vague in all the hustle and bustle.

Secondly, you can't cause damage entering a premises, or as a consequence of removing something.

In these days of mobile phone video, its a lot harder to just grab everything and run, and deny it later.

 

[iain85]

I know what you mean but this guy is the other side of the world and has been a royal pain in the bum. I've been nothing but helpful to this chap but wish I hadn't bothered now.
Pas far as I'm concerned the gear is mine until its paid for in full. If he want to take me to court over it then il let him go through the grief of taking me to court. I won't let this happen out of principle. Luckily I still have the keys so no breaking in.

Hopefully it won't come to that as I've done a good job there and would be a shame to rip it out. Il keep you updated

 

[iain85]

Don't fall for that old landlord trick.

Absolutely no chance of that happening.

 

[Reg Man]

I know what you mean but this guy is the other side of the world and has been a royal pain in the bum. I've been nothing but helpful to this chap but wish I hadn't bothered now.
Pas far as I'm concerned the gear is mine until its paid for in full. If he want to take me to court over it then il let him go through the grief of taking me to court. I won't let this happen out of principle. Luckily I still have the keys so no breaking in.

Hopefully it won't come to that as I've done a good job there and would be a shame to rip it out. Il keep you updated

I realy do sympathise with you. Just a word of warning. If you try to retrieve the parts, technically this is classed as theft, wether the debtor has paid for them or not. So although it sounds ludicrous, you could be prosecuted under criminal law. Just follow the contract law route and you want put yourself up for being the bad guy.

 

[iain85]

Thanks,
il sleep on it. But things like this really get me annoyed.

 

[Keefy]

The clause you are referring to is sometimes called "retention of title". Our Ts & Cs have it - you can find it in paras 6 onwards on page 2 of [DLMURL="http://www.williams.uk.com/creditapp%20for%20web%20jun12.pdf"]this link[/DLMURL] if you can be bothered with the small print.

The problem with repossession is two-fold.

If the items are incorporated into the fabric of the building, then you can't legally remove them. I had a case once where a site contractor went bust, and we went on site with a load of lads and vans and recovered a lot of gear. The definition of "incorporated" became a bit vague in all the hustle and bustle.

Secondly, you can't cause damage entering a premises, or as a consequence of removing something.

In these days of mobile phone video, its a lot harder to just grab everything and run, and deny it later.

I've just read that, what does it mean in English? Half way through reading something like that your brain just goes numb.

Nevermind, I read it again and it's quite clear... kind of. :computer:

 

[iain85]

Just to update,
the custard has replied saying he has paid in full!

Phew......

 

[Keefy]

Just to update,
the custard has replied saying he has paid in full!

Phew......

What do you mean he said he's paid?

 

[iain85]

Via bank transfer. Being the weekend I can't check until Monday. But it's positive which is good.

 

[lame plumber]

had the same in first 6 months of se. INstalled akitchen custard wouldnt pay final £400 owed, sink in wrong way round, his wife changed her mind, I wouldnt redo unless paid more so impass. eventually went back, invited in got him to isolate water suplly downstairs and i went to upstairs kitchen and whipped out all my waste and flexis etc. put in back and he asked me to leave which I did. he rushed out to my van with cheque book once he realised the problem which i refused as i wanted cash at this stage. so off he popped into the house and came back with the £400. I gave him his bits and drove off having explained I had done the work as agreed and no longer wished to do any extras for him! never heard fm him again despite all his threatening letters and bs beforehand. Not condoning my actions but, if asked to leave, do so, dont be threatening and in the case above how did the guy know the work had been completed if he hadnt seen it! hard to prove in court if you had whipped back your kit and had keys to get in anyhow. Pikies are everywhere nowadays! My only advice would be that I ask for materials payment once everything is delivered, (or I wont fit it). then all the kit is their responsibility and Im only owed for labour oc.

 

[iain85]

It's more the general principle for me tbh. I already had 50% which easily covered materials but it's the arrogance of the chap which got to me. Seems to be sorted now thankfully.
your story did make me chuckle!

 

[REDSAW]

did a £400 shower swap friday at a rental. landlord lives 30 miles away, installed shower got the tenant to pay by bank transfer before i left, landlord to replenish him in return. sorted.

 

[SafeGasInstall]

privet jobs always supplied materials and got paid when job done , never had NOT been paid ,
had one customer who pid after 5 days but this was a full install +3 bathrooms+all plumbing so I was not expecting to get final payment and the very same day work was done .
Love the jobs when customer pay in FULL before work is completed , they are the people who dont stop the kettle working +