Small Claims Court...

[Stanios]

Hi all.
Got an unpaid invoice for about £80 the landlord refuses to pay. Done a few jobs for her, came out next morning when her tenants boiler packed in. Spent an hour and a half checking it thorugh, aside from a hole in the internal condensate pipe there was a problem with the fan. She immediately said she would want a new boiler instead so sent her a quote that same day. She came back that evening saying she has someone to do it next day, thanks and bye that type of thing. So I sent over the invoice as I do for every boiler that I do any work on. She refused to pay saying that I advertise "no callout" charge despite me spending hour and a half there and paying parking twice she decided I didnt fix the boiler so don't get paid.

This has been on the backburner since October finally got time to do something about this. Never used small claims so mostly doing this to test the waters rather than for the small invoice.

Anyone has experience with this sort of thing? I imagine this can drag on and on

 

[Scott_D]

On Facebook lots of people use a debt recovery company.
I think it’s just a legal type letter to begin with but seems like most get paid after just this.

 

[centralheatking]

A letter before action is essential, then you fill in the form pay the fee to the court % of claim. Notice of the hearing will be given you both attend and a judgement is made , no need for solicitors. They often do not attend which is good as it will be UN defended. If they don’t pay then get bailiff to visit.
However go round nicely see if they will make a deal ...if not threaten and go round all their neighbours and tell them your position...the sheer indignity of neighbours knowing usually makes them pay...it has worked for me. However £80 is it all worth it. Centralheatking

 

[oz-plumber]

You're in a very 'grey area' if you do go to Small Claims.
I would give you less than 50% chance of getting anything.

You advertise 'No Call Out Fee'
The Landlord will state that you attended to provide a quote - then you're stuffed.

Change your advertising the say that you don't charge a 'Call Out fee - you charge from when you arrive.'
Also state, diagnosing problems with boilers are a chargeable visit.
If the repairs are done by you the fee will be wavered - or words to that effect ( or halved )

Good Luck

 

[Stanios]

Thanks for advice, its more to test the process really for when inevetably a larger unpaid debt occurs.
The pricing is on my website, never had an issue in 4+ years. From my understanding a callout charge is when you pay regardless of whether any work has been done its just a charge to turn up. She was invoiced for my work, if I had turned up and did no work I wouldn't invoice hence I advertise no callout charge.

It is a bit of a grey area there is a section on callout charges in advertisement standards agency. Ultimately you cant fix a boiler without diagnosing it, diagnosis should therefore be seen as integral part of the repair service. In that respect her declining the repair and opting for a replacement should be to the effect of me turning up to change a radiator, taking old one off then customer saying actually they want it just blanked off and deciding not to pay me after I left.

What do you think?

Call-out charges

www.asa.org.uk

 

[centralheatking]

Thanks for advice, its more to test the process really for when inevetably a larger unpaid debt occurs.
The pricing is on my website, never had an issue in 4+ years. From my understanding a callout charge is when you pay regardless of whether any work has been done its just a charge to turn up. She was invoiced for my work, if I had turned up and did no work I wouldn't invoice hence I advertise no callout charge.

It is a bit of a grey area there is a section on callout charges in advertisement standards agency. Ultimately you cant fix a boiler without diagnosing it, diagnosis should therefore be seen as integral part of the repair service. In that respect her declining the repair and opting for a replacement should be to the effect of me turning up to change a radiator, taking old one off then customer saying actually they want it just blanked off and deciding not to pay me after I left.

What do you think?

Call-out charges

www.asa.org.uk

Stanios I have been around the block Plumbing & Heating wise many times from 1982 onwards with plenty of engineers and we survived. Always approach every Enquiry the same way..open minded
explain to the customer what you are going to do AND what you expect of them in return. We ..when there were 3 partners if one of was not happy we did not do the job, we called it ‘smell of poverty’
but always check out the state of the house, ft garden and cars and the customer if it’s suspect beware. Nothing wrong with a deposit you are not a bank. It’s easy with google now ..street view free credit history for naughty company owners and press reports are easy to find, by name address etc.
If in any doubt walk away...often it’s the ‘wealthy’ clever ones that try to withhold, God knows my area is affluent and they are the worst ..big mortgages fancy cars on lease hire.
Centralheatking

 

[Stanios]

Stanios I have been around the block Plumbing & Heating wise many times from 1982 onwards with plenty of engineers and we survived. Always approach every Enquiry the same way..open minded
explain to the customer what you are going to do AND what you expect of them in return. We ..when there were 3 partners if one of was not happy we did not do the job, we called it ‘smell of poverty’
but always check out the state of the house, ft garden and cars and the customer if it’s suspect beware. Nothing wrong with a deposit you are not a bank. It’s easy with google now ..street view free credit history for naughty company owners and press reports are easy to find, by name address etc.
If in any doubt walk away...often it’s the ‘wealthy’ clever ones that try to withhold, God knows my area is affluent and they are the worst ..big mortgages fancy cars on lease hire.
Centralheatking

Thanks CH the house was a bomb, a turtoise swimming in its filth, cockroaches.. she called installing tenants a 40 quid thermostat when they had none a "goodwill gesture". But thats every other job for me, it always works out just not this once.. Her kids go private school btw
I could have been more diligent and maybe I don't have a great chance in court but worth it just to explore the territory. Just upsetting people charge 80 quid to clean gutters around here then you spend years developing a very niche skill for someone to turn around and say all that knowledge is basically equivalent to callout charge?

 

[Scott_D]

https://m.************/BeaumontRecoveries/

This is who gets many recommendations on gas chat
(Nothing to do with me and I have never used them)

 

[ShaunCorbs]

https://m.************/BeaumontRecoveries/

This is who gets many recommendations on gas chat
(Nothing to do with me and I have never used them)

Used them before there brilliant

cost is around £90 on something small ours was £450 debt)

so it’s upto you but you can get a solicitors letter on the web for around 2.50

 

[Jock Spanners]

Hi Stanios,

I've been though it all. I've wasted hundreds on solicitors and court fees. I had one woman who kept failing to show at court giving 'stress' as an excuse. She got away with it. That was all before the government reformed things and made it even more difficult for us to recover debts. You could give a debt collections agency a try but they'll probably say you've left it too long. I know a gangster who'll give me 50% of any debt over £500. He's the scariest man I've ever met. Personally I'd write it off and put it down to experience. I wouldn't give her a second thought. Don't let scummy people drag you down. What goes around comes around. I took great pleasure in reading about my last debtor being banned for drink driving.

 

[Stanios]

Hi Stanios,

I've been though it all. I've wasted hundreds on solicitors and court fees. I had one woman who kept failing to show at court giving 'stress' as an excuse. She got away with it. That was all before the government reformed things and made it even more difficult for us to recover debts. You could give a debt collections agency a try but they'll probably say you've left it too long. I know a gangster who'll give me 50% of any debt over £500. He's the scariest man I've ever met. Personally I'd write it off and put it down to experience. I wouldn't give her a second thought. Don't let scummy people drag you down. What goes around comes around. I took great pleasure in reading about my last debtor being banned for drink driving.

Sounds disheartening (except the gangster part). I've paid the 25 quid fee so will see what will come of it, will update the post. Personally I've paid people in the past who didn't deserve the money one bit but always felt safer afterwards. To me it looks like she is gambing a bit sooner or later phishing off someone who would be inclined to damage her property or do some other ill turn. But then maybe I am not as strong with my principles as she is

 

[centralheatking]

Sounds disheartening (except the gangster part). I've paid the 25 quid fee so will see what will come of it, will update the post. Personally I've paid people in the past who didn't deserve the money one bit but always felt safer afterwards. To me it looks like she is gambing a bit sooner or later phishing off someone who would be inclined to damage her property or do some other ill turn. But then maybe I am not as strong with my principles as she is

Good Luck go with your principles Centralheatking

 

[Stanios]

Update :
well this resolved sooner than expected. Less than two weeks after submitting online claim had a response from the customer she offered £30 which I accepted, better than nothing!

 

[SimonG]

Did that include the court fee?

 

[Stanios]

Did that include the court fee?

Don't think it did.
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