Can I cancel a nightmare customers contract with us?
- Thread starter Ben Anderson
- Start date
M
Mr R
Do you have Terms and Conditions of trade posted anywhere?
In terms of an implied contract - well your is with the original partner who paid and bought a service off you... And that's true even if the 'partnership' was a limited company; it would be the company you're contracted to. - The fact that these two lovebirds have split up and one of 'em seem to have kept the house doesn't matter to you.
They are a separate entity from the second - tricky - individual. - To whom, as they've pad nothing, you owe nothing. Tricky's lying when they say they've spoken to Trading Standards; the TSOs won't get involved in this sort of thing. Likewise, a lawyer will tell them they have no contract and therefore not a leg to stand on!
I'd pull the plug on them!
Getting back to the first person... You NEED some T&Cs and you NEED a written standard contract that everyone signs! - You should probably also be taking deposits in advance.
In terms of an implied contract - well your is with the original partner who paid and bought a service off you... And that's true even if the 'partnership' was a limited company; it would be the company you're contracted to. - The fact that these two lovebirds have split up and one of 'em seem to have kept the house doesn't matter to you.
They are a separate entity from the second - tricky - individual. - To whom, as they've pad nothing, you owe nothing. Tricky's lying when they say they've spoken to Trading Standards; the TSOs won't get involved in this sort of thing. Likewise, a lawyer will tell them they have no contract and therefore not a leg to stand on!
I'd pull the plug on them!
Getting back to the first person... You NEED some T&Cs and you NEED a written standard contract that everyone signs! - You should probably also be taking deposits in advance.
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So we have all of these threads that you have started:-
https://www.ukbusinessforums.co.uk/...ng-to-leave-a-bad-review.380927/#post-2796046
https://www.ukbusinessforums.co.uk/...use-of-the-snow-affecting-our-service.385695/
https://www.ukbusinessforums.co.uk/threads/customer-threatening-to-leave-all-the-time.385609/
https://www.ukbusinessforums.co.uk/...he-next-facebook-or-yell.385548/#post-2828975
https://www.ukbusinessforums.co.uk/...ely-rude-customers.385309/page-2#post-2828720
https://www.ukbusinessforums.co.uk/...s-their-services-on-hold.381848/#post-2800453
https://www.ukbusinessforums.co.uk/threads/being-threatened-with-court-action.380755/#post-2794977
https://www.ukbusinessforums.co.uk/threads/struggling-to-get-customer-to-pay.376704/#post-2772806
This number of problems just doesn't happen in the normal small business. There is no smoke without fire. You have to question your own activities to have so many difficulties.
https://www.ukbusinessforums.co.uk/...ng-to-leave-a-bad-review.380927/#post-2796046
https://www.ukbusinessforums.co.uk/...use-of-the-snow-affecting-our-service.385695/
https://www.ukbusinessforums.co.uk/threads/customer-threatening-to-leave-all-the-time.385609/
https://www.ukbusinessforums.co.uk/...he-next-facebook-or-yell.385548/#post-2828975
https://www.ukbusinessforums.co.uk/...ely-rude-customers.385309/page-2#post-2828720
https://www.ukbusinessforums.co.uk/...s-their-services-on-hold.381848/#post-2800453
https://www.ukbusinessforums.co.uk/threads/being-threatened-with-court-action.380755/#post-2794977
https://www.ukbusinessforums.co.uk/threads/struggling-to-get-customer-to-pay.376704/#post-2772806
This number of problems just doesn't happen in the normal small business. There is no smoke without fire. You have to question your own activities to have so many difficulties.
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M
Mr R
To a greater extent, I have to agree...
For a start - and I'm being charitable here - you're attracting the wrong sort of customer. And reading between the lines you seem naive about how business works and how things need to be structured.
Nope... They have no contract with you. You've provided services in advance in good faith, for which you've never been paid; you have the right to withdraw them and refuse to deal with that individual again - if anyone's time has been wasted, it's yours! - Based on what you've told us of course!
Sharks - and there are many about - will look around for companies that have poor/irrelevant/no legals in place. They're particularly fond of people who will run with only a verbal agreement - because they're not worth the paper they're written on! - And if you're fairly ignorant of the law and easy to intimidate (which, with no personal insult intended is where you seem to be) you are all the easier as prey!
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- Original Poster
- #7
All my new customers are fantastic, we have proper systems in place and everything is contracted before with deposits.I just have had an influx of old customers (which all my systems were not in place) coming back to haunt me. I have been dealing with this customer since March 2017. Most customers are done and dusted within 2 weeks! I made lots of mistakes at the start and still have a couple coming back to haunt me.
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M
Mr R
Fantastic customers are never a problem - and therefore completely irrelevant to the matter of operating within the law to protect yourself from rogues. That's like standing in front of a machine gun with 10,000 rounds in it and proclaiming that 9,999 have missed you and you obviously didn't need a tin hat. - Just a split second before the last one passes through the top of your head!
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- Original Poster
- #10
Sorry I will post again (Pressed wrong button):
Basically a long story but had a customer come to us who had a business partner. They then split up and wanted websites separately. Heres my first mistake, I didnt get the new customer to sign onto another contract.
The other business partner, I did there websites and all went through OK. They didn't pay for a couple of months and disappeared but we are now back going again with them. I would say a slightly 'risky' customer to deal with overall as I worry they could stop paying at some point again, but all seems fine currently.
Basically, the other guy (who I'm having issues with) is now currently threatening me with Lawyers and said they have consulted Trading Standards and all of that. Basically, they disappeared for quite a few months. They haven't paid any money. I stupidly agreeded to continue working without them paying something upfront to get going again (our services work on a pay monthly basis). I just can't simply waste any more time on this, it's too risky. To be completely honest, I just want them gone but where would I stand with the law? They said if I don't get back with the amendments done soon, they are going through with further action.
My business operates a lot differently now (as they were one of my first customers). Just want them out the way and gone tbh!
Basically a long story but had a customer come to us who had a business partner. They then split up and wanted websites separately. Heres my first mistake, I didnt get the new customer to sign onto another contract.
The other business partner, I did there websites and all went through OK. They didn't pay for a couple of months and disappeared but we are now back going again with them. I would say a slightly 'risky' customer to deal with overall as I worry they could stop paying at some point again, but all seems fine currently.
Basically, the other guy (who I'm having issues with) is now currently threatening me with Lawyers and said they have consulted Trading Standards and all of that. Basically, they disappeared for quite a few months. They haven't paid any money. I stupidly agreeded to continue working without them paying something upfront to get going again (our services work on a pay monthly basis). I just can't simply waste any more time on this, it's too risky. To be completely honest, I just want them gone but where would I stand with the law? They said if I don't get back with the amendments done soon, they are going through with further action.
My business operates a lot differently now (as they were one of my first customers). Just want them out the way and gone tbh!
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- Original Poster
- #21
I think I'm just going into panic mode. I'm just a small business trying to do offer a great service and a good price and just don't want the hassle. Every customer I have taken on AFTER my first year - I have never had a problem with. I made some huge mistakes at the start and basically took on large projects from one-man bands. Now its obvious and would never do a project like that in the same way.
Basically, the client is now claiming I was going to offer the service without the deposit payment, because of a couple of delays on our side at the start. However, the contract signed states the amount is due upfront. There just finding anything to get me with now. That was in an email I (regretfully) said that, but I have a signed contract which states £135 is due upfront.
Basically, they have sworn to me in an email and I just didn't want to spend any more time on this. I have offered the website files to the client without charge as a gesture.
Do they have any legs to stand on?
Its just gets really messy now.
Basically, the client is now claiming I was going to offer the service without the deposit payment, because of a couple of delays on our side at the start. However, the contract signed states the amount is due upfront. There just finding anything to get me with now. That was in an email I (regretfully) said that, but I have a signed contract which states £135 is due upfront.
Basically, they have sworn to me in an email and I just didn't want to spend any more time on this. I have offered the website files to the client without charge as a gesture.
Do they have any legs to stand on?
Its just gets really messy now.
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M
Mr R
Without seeing your contracts, understanding who signed what and establishing what was done and what was paid, nobody can give you a definitive answer. However...
1) It would appear they are threatening to sue you for breach of contract? If so, that is neither a cheap nor easy thing to do. And it would hinge on them having upheld their side of the bargain without fault or hindrance.
2) From what you have said they did not pay the agreed deposit. Although you may have waived this?
3) You proceeded with the work in good faith?
4) That work stood for a period of time during which they had the benefit of it?
5) They have not made any payment towards it?
6) They have been obstructive and abusive?
Can you clarify if that is accurate and add to it as far as you can?
1) It would appear they are threatening to sue you for breach of contract? If so, that is neither a cheap nor easy thing to do. And it would hinge on them having upheld their side of the bargain without fault or hindrance.
2) From what you have said they did not pay the agreed deposit. Although you may have waived this?
3) You proceeded with the work in good faith?
4) That work stood for a period of time during which they had the benefit of it?
5) They have not made any payment towards it?
6) They have been obstructive and abusive?
Can you clarify if that is accurate and add to it as far as you can?
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For one minute I'd ignore the deposit. The deposit was just an advance payment that you didn't get.
Invoice them for everything completed to date and ask for payment. Tell them that you won't do any further work until the payment is received.
If the payment doesn't come, take them to the small claims.
Invoice them for everything completed to date and ask for payment. Tell them that you won't do any further work until the payment is received.
If the payment doesn't come, take them to the small claims.
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You also need to wise up massively.
If you ask for a deposit, make sure the deposit is received before commencing work.
If you don’t receive the deposit, warning bells should start ringing. If they object to the deposit, particularly a small deposit of £135, then that would tell me that:
Get some decent contracts and terms & conditions drawn up. When contracts are agreed stick to them. If clients want additional work, get them to pay for it (nobody works for free) – and get it agreed in writing that they’re willing to pay for it.
Don’t let clients take you for a ride. Be firm but fair.
If a client swears or insults you over email, or any other means, sack them off. Invoice them for your work, get paid and move on.
Bad clients will attract more bad clients.
The time spent dealing with sh1te like this is time that you can spend servicing and obtaining good clients.
For your own sanity, and the long term future of your business take a step back and evaluate how you are currently conducting your business.
If you ask for a deposit, make sure the deposit is received before commencing work.
If you don’t receive the deposit, warning bells should start ringing. If they object to the deposit, particularly a small deposit of £135, then that would tell me that:
- They’re going to be crap at paying, if at all
- They’re going to be difficult to deal with
- They’ll probably expect additional work for free outside the scope of the original agreement
Get some decent contracts and terms & conditions drawn up. When contracts are agreed stick to them. If clients want additional work, get them to pay for it (nobody works for free) – and get it agreed in writing that they’re willing to pay for it.
Don’t let clients take you for a ride. Be firm but fair.
If a client swears or insults you over email, or any other means, sack them off. Invoice them for your work, get paid and move on.
Bad clients will attract more bad clients.
The time spent dealing with sh1te like this is time that you can spend servicing and obtaining good clients.
For your own sanity, and the long term future of your business take a step back and evaluate how you are currently conducting your business.
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