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Client not contactable for months now want deposit refunded

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st99015207

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Aug 7, 2009
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Hi,

We are a software business and took an order for a product from a client at the start of November. The client signed the purchase order and gave us a deposit of around 25%. Since then our installation manager has tried to contact him 8 times to arrange a site visit to perform the work. Each time the client has not answered or has not responded to a voicemail. (We have tried both his mobile and business numbers)

Yesterday we received a particularly 'informal' email from somebody claiming to be a solicitor demanding the return of the deposit within 7 days or they will be starting county court action.

We would prefer to have no more contact with this person and dont necessarily have a problem with refunding the money, but I have become involved in 'the principle' of the matter! The question is, can we flatly refuse to refund the deposit on the grounds that we have used reasonable methods to contact the client but going further could we enter a counterclaim for the outstanding 75% balance?

Kind regards,
Nick
 
re the 75% - would you pay if the boot was on the other foot? do you think you stand a chance of them actually paying it?
 
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I would like to think that I would not put my own business in his position, intentionally.

The question is not about the morality of claiming the remainder of the balance, because I wont be. I am asking whether I have legal grounds to demand it to be paid, essentially as a robust counterclaim to make this solicitor go away.

Regards
 
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st99015207 said:
I would like to think that I would not put my own business in his position, intentionally.

The question is not about the morality of claiming the remainder of the balance, because I wont be. I am asking whether I have legal grounds to demand it to be paid, essentially as a robust counterclaim to make this solicitor go away.

Regards
Click to expand...


you want legal grounds to claim for something you havnt done yet ...... bring it on.
 
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st99015207 said:
I would like to think that I would not put my own business in his position, intentionally.

The question is not about the morality of claiming the remainder of the balance, because I wont be. I am asking whether I have legal grounds to demand it to be paid, essentially as a robust counterclaim to make this solicitor go away.

Regards
Click to expand...

Have you got a contract.?

Earl
 
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If a business commits to purchase something from another business and subsequently becomes uncontactable (except when they decide they want a refund) surely the supplier has some recourse. The supplier could have tied up resources or outlaid funds to service this client in advance of being paid.
 
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What do your T&Cs state? Or the contract as Earl asked?

Otherwise if you can show that non compliance has cost you you might be able to counter claim, or at least use the threat of a counter claim as a bargaining position.

That the email was a "particularly 'informal' email from somebody claiming to be a solicitor" is odd. Either they are a solicitor or are not. I have yet to see an informal working document from a solicitor.
 
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They have committed to pay the money. You would be perfectly entitled to counterclaim for the 75%.

Whether this is advisable (or worth the hassle for you) is another matter.
 
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Been having a 'dose of reality' for the last eleven years.
Just nice to stand up for our rights every now and then.

Thanks all.
 
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st99015207 said:
Been having a 'dose of reality' for the last eleven years.
Just nice to stand up for our rights every now and then.

Thanks all.
Click to expand...

Exactly.

Write to them as follows.

"Thank you for your letter of dd/mm/yyyy. I refer you to the case of Pressdram versus Arkell.

Good day!"
 
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You phoned them 8 times over the period of 'months'. I wouldn't say you were trying that hard to contact them, would you?
 
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Xobby said:
You phoned them 8 times over the period of 'months'. I wouldn't say you were trying that hard to contact them, would you?
Click to expand...

Calling 8 times isn't trying lightly either...
After one phone call I would expect to be called back if I'd left a message.
After 4 times I'd be getting pretty annoyed.
After 8 times you're at the point of assuming they aren't going to come back to you
 
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Jenni384 said:
Calling 8 times isn't trying lightly either...
After one phone call I would expect to be called back if I'd left a message.
After 4 times I'd be getting pretty annoyed.
After 8 times you're at the point of assuming they aren't going to come back to you
Click to expand...


and somewhere between the 4th and the 6th call I would have told reception to put you on our ignore list and ask for my money back


far far too pushy.
 
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saxondale said:
and somewhere between the 4th and the 6th call I would have told reception to put you on our ignore list and ask for my money back


far far too pushy.
Click to expand...

And getting put on the ignroe list will change the way your company handles incoming calls in exactly what way? by ignoring them? LOL You mean like call 1, 2, 3, 4, 5 and 6.

Surely you would only ask for your money back if the T&C's permitted a refund under such circumstances.

Craig
 
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craiga1971 said:
And getting put on the ignroe list will change the way your company handles incoming calls in exactly what way? by ignoring them? LOL You mean like call 1, 2, 3, 4, 5 and 6.

Surely you would only ask for your money back if the T&C's permitted a refund under such circumstances.

Craig
Click to expand...



and once again we`re only getting one side of the story.
 
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If your T and C say nothing about keeping deposits, or your contract with the client says nothing about the deposit not being refundable then pay him the money back, move on and do some more business.

If you do have those clauses in then take it as far as you want to, but frankly this whole thread is a waste of time.

You know what is the right thing to do here.
 
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internetspaceships said:
If you do have those clauses in then take it as far as you want to, but frankly this whole thread is a waste of time.

.
Click to expand...

In what way is it a waste of time.?:|

If the amount involved is 40 pence I would probably agree with you.

but for 20k I would kick down walls.

Earl
 
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sirearl said:
In what way is it a waste of time.?:|

If the amount involved is 40 pence I would probably agree with you.

but for 20k I would kick down walls.

Earl
Click to expand...

Whether it was 40p or 20 grand, given the info so far I'd pay it back because the moeny would have gone into a holding account and I wouldn't have considered it mine until I had done the work for the client.

Now if i HAD done work for him that would be a different matter of course.
 
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internetspaceships said:
Where are these T and C that relate to this situation Earl? Please show me the post I missed because the one I read said something about "standard T and C"

Or are you just trolling as per usual?
Click to expand...

The OP may have done 20k's worth of work already.:|

So you don't know what his standard T&C's are but willing to comment on something you don't know.

Interesting.:|

Earl
 
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craiga1971 said:
The "right thing to do" could be different for me, you and the OP.

What do you think is the "right thing to do" and why?

Craig
Click to expand...

I'd like to think the "right thing to do" was self explanatory, assuming of course that work hadnt been carried out on the client's behalf and purchases hadn't been made that involved a fiscal loss for the OP.
 
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internetspaceships said:
I'd like to think the "right thing to do" was self explanatory, assuming of course that work hadnt been carried out on the client's behalf and purchases hadn't been made that involved a fiscal loss for the OP.
Click to expand...

What about the preparatory work that must have been carried out? Surely there is a cost involved in that.

Also, the way that the company that the client tried to get their money back (by strong arm tactics is, IMHO, completely out of order!)

I absolutely hate with a vengeance organisiations or people who bully. There is no just no need for it.

If it was me and they had called me, explained why they dropped off the radar for months, and got me 'on side' I would be more likely to come to a mutually amicable agreement with them.

Craig
 
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craiga1971 said:
What about the preparatory work that must have been carried out? Surely there is a cost involved in that.

Also, the way that the company that the client tried to get their money back (by strong arm tactics is, IMHO, completely out of order!)

I absolutely hate with a vengeance organisiations or people who bully. There is no just no need for it.

If it was me and they had called me, explained why they dropped off the radar for months, and got me 'on side' I would be more likely to come to a mutually amicable agreement with them.

Craig
Click to expand...

Craig, I couldn't agree with you more on some of what you've written. The client appears to be (mis)behaving , but as we've all agreed, none of us have all the facts. If it's a quote they have done, then it's probable that quotes are free and no obligation. Aside from how the client has managed to look like a bully though, it seems more practicable to pay him off and never have to deal with him again.

(Assuming STILL that the OP isnt out of pocket of course)

I've always found that getting worked up over clients behaving badly prevents me making money and that's counterproductive so I just write it off and move on.

Regards

Jon
 
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internetspaceships said:
Craig, I couldn't agree with you more on some of what you've written. The client appears to be (mis)behaving , but as we've all agreed, none of us have all the facts. If it's a quote they have done, then it's probable that quotes are free and no obligation. Aside from how the client has managed to look like a bully though, it seems more practicable to pay him off and never have to deal with him again.

(Assuming STILL that the OP isnt out of pocket of course)

I've always found that getting worked up over clients behaving badly prevents me making money and that's counterproductive so I just write it off and move on.

Regards

Jon
Click to expand...

Jon

I think firm T&C's and a propensity to deal firmly with such nonsense, means one is less likely to have to devote major effort to it.

At the risk of repeating myself, anyeone who tries to take the pi55 out of me gets the standard letter:

"Thank you for your communication of dd/mm/yyyy. May I refer you to the case of Pressdram versus Arkell.

Good day!"

Craig
 
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craiga1971 said:
If you feel uncomfortable with these sorts of issues - and let's face it we are very unlikely to get both sides of any story here - Why do you bother commenting on them?

Craig
Click to expand...


unbelievably this been a business forum, it`s usually to try and put a business slant on things ...........


we`re getting taken over by the trades.


remind me - what do you install?
 
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craiga1971 said:
Jon

I think firm T&C's and a propensity to deal firmly with such nonsense, means one is less likely to have to devote major effort to it.
Click to expand...

is that why SKY have such a big legal dept?


the more T&C`s the more effort you have to spend

what did max Clifford say in the bank mag. "never had a contract, never will"















and before you ask, yes we have split test it (contracts cost us 20% sales)
 
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saxondale said:
unbelievably this been a business forum, it`s usually to try and put a business slant on things ...........


we`re getting taken over by the trades.


remind me - what do you install?
Click to expand...

Sorry but I have no idea what point you are trying to make. Do you think you could write in concise, coherent sentences, please?

Thanks

Craig
 
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