being messed about by estate agent

[Amazin]

Long story cut short, they owe me £45 for some cleaning work and its been over 1.5 month and I still haven't got it. I know its not much but I have contacted them so many times and they don't seem to give a monkey. Is it for possible for me to start charging an interest? Please advice, thank you. This is so annoying

 

[MOIC]

Go there in person and demand your money (politely at first..........)

 

[Amazin]

Go there in person and demand your money (politely at first..........)

not sure if thats good idea lol, ideally I want to charge him an interest if possible. I phoned him so many times already. not sure if small claim court is the best next step

 

[MOIC]

I think for £45 they would be embarresed not to pay if you turned up (especially if there are customers inside)

Make them feel small by explaining you have done the work they have asked for.

 

[ethical PR]

What do your terms and conditions say regarding payment?

Has he had a copy of them as part of your contract?

 

[fisicx]

not sure if thats good idea lol,

Why not? They obviously have no intention of paying you so go there and ask for the money. And the interest if this is stated in your T&C

 

[ethical PR]

Look it's quite a small amount and would be costly to recover by formal means. Walking in to their office while customers are there and asking nicely for payment (as you were passing) is likely to be the easiest way to get paid.

Update invoice with interest in line with your T&C.

 

[TradeSmart]

Email/write (Make sure to get Read Receipt/send recorded delivery) to them asking for payment within in 7 days or you will take it further.

Then on the 7th day walk in and politely explain you were just passing and have popped in for payment as it is the 7th day.

 

[Amazin]

What do your terms and conditions say regarding payment?

Has he had a copy of them as part of your contract?

Well, I didn't sign anything with them because it was just a one off job. I have worked with them before and I got paid straight away no problem. I only have emails and messages I exchanged.

If I do walk into their office, can I get them to write me a cheque on the spot?

 

[MOIC]

Yes, as long as it doesn't bounce !

 

[Christine Hough]

yes anyway. If perchance it does bounce it is evidence they agreed to the payment. They would not be able to argue in a small claims cost that the payment was not due.

 

[Vectis]

Well, I didn't sign anything with them because it was just a one off job. I have worked with them before and I got paid straight away no problem. I only have emails and messages I exchanged.

If I do walk into their office, can I get them to write me a cheque on the spot?

Did you put your quote in writing? What terms did you state? What date was your invoice? One and a half months isn't a very long time to wait for payment, but it really depends on your terms of business.

 

[Amazin]

I checked my bank statement this morning and still haven't received it, spoke to his asistant last week and he told me that he's process of sorting it out. So the next step is small claims court right?

 

[Payments Guy]

Are you sure they haven't just seen your avatar on here and thought you clearly don't need it?

 

[MOIC]

Did you go to their office and request a cheque there and then ?

 

[ethical PR]

You are not going to get your money by continuing to phone. Have you visited the office as previously advised. This would be the quickest and easiest way for you to get your money. Personally I wouldn't try the small claims court for the amount involved. Going forward whether it's a one off job or a longer contract make sure you have the right paperwork in place with payment terms and terms and conditions of service.

 

[Matt1959]

have you asked them outright why they havnt paid you and what was their answer? Small claims for £45 after 6 weeks will hit your credibility imo

 

[Grumpybloke]

I have a similar situation. I supplied goods to the value of £41.82 in March and can't get a cheque. It's about an 80 mile round trip if I went to collect so that's not really cost effective. I know it isn't a huge amount but I sent the stuff in good faith and it is so annoying that someone is messing me about for it. I suppose he knows I probably wouldn't take court action for that amount so is hoping I'll go away!

 

[14Steve14]

I used to run a small local debt collection company, and gave small debtors similar advice as you are receiving, and that is to go and ask for it. If you cant ask for what is yours face to face and can only do it by hiding behind a telephone or email, then how will you ever stand up in court and explain to a magistrate why you are there. People will find it a lot harder to lie to you face to face. Make sure you take your receipt book with you and also a copy of the invoice that is owing in case they dispute it. Also read up on the Late payment regulations and use it as a threat if you wish, it may make them pay.

The chances are if you ask for it, someone will take out their wallet and pay cash.

 

[fisicx]

If I do walk into their office, can I get them to write me a cheque on the spot?

And have you done this?

..spoke to his asistant last week and he told me that he's process of sorting it out.

Translation: he has no intention of doing anything about it all.

Go to the office and ask for the cheque!

 

[Amazin]

have you asked them outright why they havnt paid you and what was their answer? Small claims for £45 after 6 weeks will hit your credibility imo

What do you mean it will affect my credibility? Is 6 weeks too late?

I already went there once and he was surprised that I didn't get paid and said to me that I should have been paid already. Maybe he was bullshitting. I have no problem going back there again but my concern is that if he want to be a dick about it what can I do? I have an app on my phone can record voices. Im thinking of give him a call and record our conversation so he can't denial in small claims court. No I didnt sign any papers with him, simply went and did the job but I do have emails and text messages exchanged and it should be legally binding

 

[Matt1959]

have you asked him why he hasnt paid you?

 

[ethical PR]

This doesn't make sense if you went there and he was surprised you hadn't been paid . Why didn't he pay you there and then and why did you walk out without getting paid.

 

[14Steve14]

I do believe that before recording a conversation that you want to use in court as evidence you have to let the other person know what you are doing. You can record a conversation without letting anyone else know, but it can only be used for your own personal use. Just be careful.

You still haven't said the reasons that they gave for not paying you. When he said he was surprised that you hadn't been paid, why didn't you let him know that he could do it then. Why did you walk away without payment I would have sat in his office until I was paid.

You would never make a debt collector.

 

[Newchodge]

What do you mean it will affect my credibility? Is 6 weeks too late?

I already went there once and he was surprised that I didn't get paid and said to me that I should have been paid already. Maybe he was ********ting. I have no problem going back there again but my concern is that if he want to be a dick about it what can I do? I have an app on my phone can record voices. Im thinking of give him a call and record our conversation so he can't denial in small claims court. No I didnt sign any papers with him, simply went and did the job but I do have emails and text messages exchanged and it should be legally binding

6 weeks is quite soon, not too late.

You are talking about a very small sum of money, in the scheme of things; it is however your money and you are entitled to it. I suggest that you write, mention your meeting with him on x date, when he was surprised you had not been paid. Point out you have still not been paid and that you will call in on x date (give time for them to receive the letter, but not too much time) when you will be happy to accept either cash or a cheque. Then call in on that date, with a copy of your letter and wait for the payment. Refuse to leave without it.

 

[Amazin]

I just went to pay him visit but unfortunately its closed at the moment. Means I will have to go back there another time. How annoying. What do you mean I need to tell him im recording? Otherwise I can't use it as evidence?

Don't see the point writing to him because he will just ignore it. Btw, I think he lied when he said he's surprised that "they" still haven't paid me. They only have one office judging by the look of it.

http://curtisjoneslondon.com/index.php?page=contact-us

 

[14Steve14]

I thought that was self explanatory and easy to understand. You have to let someone know you are recording the conversation if you want to use that conversation recording as evidence in court. It really is that simple. You cant just record a conversation and use it in court.

If the law has changed I expect someone be along to say, and I will stand corrected.

 

[cristinabarkerjones]

Go there in person and demand your money (politely at first..........)

Great advice! Going there in person is the best and the easiest way to deal with the problem!

 

[Amazin]

I thought that was self explanatory and easy to understand. You have to let someone know you are recording the conversation if you want to use that conversation recording as evidence in court. It really is that simple. You cant just record a conversation and use it in court.

If the law has changed I expect someone be along to say, and I will stand corrected.

Yes I did understand but bit shocked. So I have to say to them that im record it and if its ok?

 

[MOIC]

Why does it need to go to court ??

You have done the cleaning work they have asked for.

They didn't complain about it.

They owe you the money.

Visit their premises and ask for your money, and say you will not leave until they have paid you.

If a customer comes in, explain why you are there and that you are first to be seen to collect money the company owes you.

 

[Newchodge]

Do you have emails etc setting out what you were asked to do and how much you would be paid? If so there is no need to record a conversation. The only reason you would need this is if everything was by word of mouth and you have no proof about your agreement.

If you do need to record a conversation you need to tell the other party as soon as they start to speak so: 'hello this is estate agent'. 'Hello this is amazin. I have to tell you that I am recording this conversation in case I need it to pursue my claim against you. ' This way you have the fact that you told them you were recording, recorded.

 

[Root 66 Woodshop]

You don't need to act like a dick (as you put it) All you need to do is attend the office, request the money that you are owed and wait there... even if it takes all day... Trust me, I've done this... even to the point that they rang the police because I refused to leave until I'd been paid what was owed to me.

The police woman arrived, asked me what the issue was, I told her she asked them why I hadn't been given my money, which made them step back a bit, they thought that the Police would just turn up and turf me out - She told them that I'm not causing any obstruction but if I was still here at closing time to contact her again and she'd come over to help with the situation.

Come 6.00pm I was still sat there waiting for my money, she dutifully turned up and told the receptionist that unless they were refusing to pay me there wasn't much that I could do, she replied with and I quote...

"he's a big un, we were afraid to speak to him, we don't even know how much he wants!"

The police woman looked at me, back at her, then laughed... and said that she was now obstructing and lying to a police officer, if she wishes to make a complaint about me then please do so, but considering I had told her in front of the receptionist how much I was owed she can stop messing about give me my cheque and I'l be off.

10 minutes later, cheque with two signatures in my hand I happy.

 

[Grumpybloke]

Re. my earlier post about being owed £41.82 for six months, I've written and said if I don't get it within seven days I'm issuing a small claim action which will cost £35. We'll have to see if that has any effect! This shyster is just taking the mickey I'm sure.

 

[Amazin]

You don't need to act like a dick (as you put it) All you need to do is attend the office, request the money that you are owed and wait there... even if it takes all day... Trust me, I've done this... even to the point that they rang the police because I refused to leave until I'd been paid what was owed to me.

The police woman arrived, asked me what the issue was, I told her she asked them why I hadn't been given my money, which made them step back a bit, they thought that the Police would just turn up and turf me out - She told them that I'm not causing any obstruction but if I was still here at closing time to contact her again and she'd come over to help with the situation.

Come 6.00pm I was still sat there waiting for my money, she dutifully turned up and told the receptionist that unless they were refusing to pay me there wasn't much that I could do, she replied with and I quote...

"he's a big un, we were afraid to speak to him, we don't even know how much he wants!"

The police woman looked at me, back at her, then laughed... and said that she was now obstructing and lying to a police officer, if she wishes to make a complaint about me then please do so, but considering I had told her in front of the receptionist how much I was owed she can stop messing about give me my cheque and I'l be off.

10 minutes later, cheque with two signatures in my hand I happy.

haha good story. glad you got the money!

btw, look what I found:

This is an exert from a business advice group.....

When does a payment become late?
You can agree any credit period you want with customers but you should agree the payment period before the transaction takes place. Don't assume your usual terms apply as the payment period should be part of your negotiation on pricing and is the period agreed between parties. This agreement can be verbal but it should preferably be in writing.

Industry standards for payment tend to be net monthly - that is, payment at the end of the first full month following receipt of the invoice. These terms are standard as they allow a business to actively plan payments. However, you should negotiate your own terms and price your services accordingly.

Where there is neither an agreement in place nor custom and practice in operation, the law sets a default period of 30 days.

This period starts from whichever of the following is later:

the date on which the goods are delivered or the service is performed
the date on which the customer receives notice of the amount of the debt
Purchasers cannot contract out of late payment legislation - ie they cannot deny the supplier their right to, for example, charge statutory interest once a payment is overdue."

so under the late payment legislation, if no terms are agreed at the outset then payment is due net 30 & a late payment charge of £40 + interest at 8% above is payable. so instead of going in there and ask for the £45. I'm now thinking of writing them a letter and hopefully I can start charging them an interest.

 

[ethical PR]

OMG don't worry about a few pounds interest - you've already lost far more than that faffing around on here.

Why haven't you gone back into the estate agent to collect?

Either collect what's owed to you or move on.

 

[MOIC]

OMG don't worry about a few pounds interest - you've already lost far more than that faffing around on here.

Why haven't you gone back into the estate agent to collect?

Either collect what's owed to you or move on.

Totally agree!

 

[Matt1959]

great thread this! charging interest on £45 even it was 20%pa that breaks down to 2p a day roughly. Again not so good for the credibilty

why is it still not being paid?