I have just had the most awkward customer. As soon as we started work she was complaining about things that could not be helped. We knew she was going to be awkward so at the end of the job I took a secret recording, asking her if she was happy with the quality of work, she replied yes (there was no reason not to be) I went through all the jobs we carried out on the recording, put levels on the work to show her it was spot on. Now I have left the job and have all my tools out the house, she is refusing to pay the full amount and says things are not level and her carpenter is going to charge her to put it right. I have explained to her if another carpenter touches my work my guarantee will be void, and I still expect payment in full as my work was perfect when I left. She deny's saying anything about her being happy and deny's I showed her the work with levels on. Long story short am I allowed to use the recording in a court room to receive payment in full? I also have photos of all the work with a level on that I believe I am allowed to use as well. Thanks in advance
Hmm , perhaps your best bet would be to make a transcript of the recording and present that as a Statutory Declaration. (you only made the recording to help your memory right ) The recording itself might be inadmissible, but a small claims court judge might accept the use of such material as it's a civil matter. Photos are admissible however (good job you took them) If this vindictive woman gets another carpenter to "put right" something she was happy with, then something else goes wrong later on, I doubt very much whether she's going to ring you to honour a guarantee. In any case, just tell her you went out of business because of her shenanigans.
As above, recording someone without their permission would not be allowed as evidence, I have tried it before. As for getting someone else in to rectify your work, that doesn't wash with judges as a customer of my found out when I sued them, the judge ruled that they had no right to get anybody else in to do any work, without offering me the chance to put it right, it wasn't wrong by the way, hence why I didn't touch it again, photos and an independent report on the work was enough for me to win the case hands down.
Thanks for that Phil and John, She has made a contribution offer which is a joke, considering it just about pays for the materials. I still need to pay my two tradesmen as well as myself. Same old story. Nice as pie until the pay date is near. Thanks
Sorry to read this John. Seems some people are willing to stoop low to try and get a discount hoping the tradesmen will settle.
Don't mess around with her, give her 14 days to settle the bill in full, if she doesn't, start a small claim case against her using moneyclaim on line. https://www.gov.uk/make-court-claim-for-money/overview
When i spoke to the courts they said send them a letter (signed for mail)) of your intention to issue proceedings and include the complete claim form that would be used and you may save yourself the fee and hassle. Worked a treat!
Thanks for the replys, I said to her my invoice price is not negotiable. If she tried haggling on the quote there may have been a little bit of play (not much) however she added extras to the job which we charged her minimal for. Considering we did the extras for her cheap, I feel offended by her contribution offer. Some people should check there bank balance before getting the work done. I am not going to post many figures but it was a 6 day job, which included a howdens kitchen being fitted, 12 doors hanging, studwork, various second fix work and a couple windows being fitted. She has made a contribution offer that is £33.62 over what I paid for the materials (with discounts)
So bad i hate even waiting for money think as your packing tools away on last day is the time they should be paying in full. I do try to get at least material money up front now on jobs like this , me and my brother think be great if they handed your keys to house until work was done and all paid for like a garage they dont let you just drive off without paying letting the customer pay when they feek like it .makes me mad when you try your best for them, go back and let her show you any thing out of level.
Sorry to hear about your situation. As the other guys have said its important you take the initiative here. Write to her on your company letter headed paper stating her bill is overdue, work was carried out to her specifications and her satisfaction and that she has 14 days to pay the bill in full or you will be contacting your lawyers to take legal action. In my experience this is usually enough to get things going. Prepare your transcript and get photos printed.
If you video somebody, just like a cctv camera outside your home, you have to warn them or let them know. Crazy I know. For a CCTV camera you have to put a sign outside your house to tell the potential cons that you are filming them! Although you have her on film, some fancy lawyer will make out that it was entrapment and that she did not agree to being filmed blah blah. Let us know how you get on.
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