I have been set an impossible task

[groovyjon]

Benion, it's admirable that you will stand up for your rights, but I think on this one you just need to put it down to experience and walk away. You say you have a very slim chance of getting paid, so instead of spending many hours and days fighting and arguing, use that time instead to find yourself new clients, come up with marketing ideas, investigate social media. The time you spend on those tasks are likely to pay dividends that will be higher than the amount you'd be chasing from the solicitors anyway.

Sometimes you just have to put an unpleasant experience behind you and move on, for the sake of your health and sanity.

 

[benion]

I have a slim chance of them paying up for work done but a good chance at a discrimination tribunal.

 

[Newchodge]

What evidence do you have that the cause of their treatment of you is due to your disability? You have said that they NEVER pay their contractors' final bill - so why should their identical treatment of you be unlawful discrimination?

 

[Shopping 4 Shelves]

I have been reading your story in fascination and really wish you the best for the future. Hopefully they settle the final bill as they are required to do so. Personally I wouldn't go through the stress of a tribunal.

All the best

 

[Christine Hough]

Put it aside and wait.
They have 15 days to pay and after that you can decide what to do.
Spend the in between time building and preparing for new contracts and rewriting your terms and conditions.

List the doors that you want to close up in your contract.(changes to circumstances after quoting; treatment of your staff; use of mobiles by your staff; you being able to give notice; communication between you and them (never their notebooks!) nominate contact people; flexibility for extra work; disposal of waste; their responsibility to protect data information they are privy to etc) Draft grievance procedures for grievances in both directions so you are using a system and not emotionally trying to control each other.

Dream of your ideal client relationship, and go looking for those clients.
Make a list for yourself of danger signs and promise yourself you will not enter into a contract in these situations.

Focus on building for the future.

In the event they do not pay, you have already said what you will do. Don't keep going over it.
"If the bill is 15 days late it will be transferred to Daniels Silverman Debt Recovery and if that fails it will go to the small claims court." Just go with what you have said unless it costs you further outlay.

 

[silvermusic]

Knowing when to walk away, call it a day and put it down to experience is something that you sometimes learn the hard way, I'll happily admit I make some really bad choices in my early days in business. Don't let things tear you apart, move on.

 

[benion]

Shopping 4 Shelves-thank you for your lovely post.

Silver-you are correct in your advice.

Christine-thank you again for your advice, which AS USUAL is brilliant. Due to my bipolar I have been in an extremely distressed state in the past few weeks which reached a peak yesterday and I got so upset the GP has put me on sleepers temporarily.

I will be the first to admit I am very emotionally vulnerable but self-employment really suits me. With bipolar I get days where I find it difficult to get out of bed and then other days where I am a bit manic in mood I burst out the house and do 16 hours graft. No employer would tolerate my variation in energy. Although self employment will never make me rich it gives me a sense of worth which I never had when I was on incapacity. Back then society (and I) viewed me as the lowest of the low-someone grasps benefits and then blows the lot on drugs and alcohol. Running a business gives me some self esteem and although it has had a pretty bad effect on me in the last few weeks, on the whole it really helps me.

I have spoke to a solicitor today who has confirmed that I do not have a disability discrimination claim at an employment tribunal. As Newchodge correctly states if they treat everyone like crap they have not treated me particularly different due to disability. He did however say I had an excellent claim at the small claims court if they do not pay up as they would have to prove I did not do the work. I will give them a decent amount of time to pay and if I get nothing I will put a claim in.

I am now in the stage of calming down in the relief that I will never have to work for these people again.

And I am withdrawing my personal injury claim with them so they will lose a small fortune over that. Another firm are checking the T&Cs to make sure there is no financial penalty if I do that.

Thanks again for all your advice and help.

 

[Shopping 4 Shelves]

Shopping 4 Shelves-thank you for your lovely post.

Silver-you are correct in your advice.

Christine-thank you again for your advice, which AS USUAL is brilliant. Due to my bipolar I have been in an extremely distressed state in the past few weeks which reached a peak yesterday and I got so upset the GP has put me on sleepers temporarily.

I will be the first to admit I am very emotionally vulnerable but self-employment really suits me. With bipolar I get days where I find it difficult to get out of bed and then other days where I am a bit manic in mood I burst out the house and do 16 hours graft. No employer would tolerate my variation in energy. Although self employment will never make me rich it gives me a sense of worth which I never had when I was on incapacity. Back then society (and I) viewed me as the lowest of the low-someone grasps benefits and then blows the lot on drugs and alcohol. Running a business gives me some self esteem and although it has had a pretty bad effect on me in the last few weeks, on the whole it really helps me.

I have spoke to a solicitor today who has confirmed that I do not have a disability discrimination claim at an employment tribunal. As Newchodge correctly states if they treat everyone like crap they have not treated me particularly different due to disability. He did however say I had an excellent claim at the small claims court if they do not pay up as they would have to prove I did not do the work. I will give them a decent amount of time to pay and if I get nothing I will put a claim in.

I am now in the stage of calming down in the relief that I will never have to work for these people again.

And I am withdrawing my personal injury claim with them so they will lose a small fortune over that. Another firm are checking the T&Cs to make sure there is no financial penalty if I do that.

Thanks again for all your advice and help.

As they say onwards and upwards so pleased that you have climbed the hill. Please let us know how you get on with the payment etc.

 

[benion]

I am still panicking they are going to upload this video of me looking at a book on the internet or something. Even though it was totally innocent it LOOKS bad. I am still taking them to county court if they do not pay and if they do upload the video I intend to hit every review website slamming them and will even turn up outside their shops with a banner telling people they rip off contractors.
This is a horrible situation and I am losing sleep over it. But they owe me over £500 and if they do not pay it is court.
Also I will withdraw my personal injury claim with them which will cost them thousands. Actually even if they do pay I am withdrawing it but want to see if they pay first.

 

[OldWelshGuy]

If they upload the video they could be guilty of defamation and you can make a claim against them. many people think that because something is fact that you can state it, but a deliberate act aimed at defaming another is an offence.

regardless of anything else, the payment to you and the alleged breach of confidentiality are seperate issues.

Also YOU can't be guilty of breaching data protection in the circumstances, if anything THEY could be guilty for failing to secure data under the act

 

[benion]

Thank you for that BRILLIANT post OldWelshGuy

 

[Christine Hough]

OWG is right. It is their responsibility to secure personal data. I can see no gain for them to do this and they have far more pressing work to do than defame you just for the fun of it. Potentially they would be risking a fine from the information commissioner for not securing the data and trouble with the solicitor's regulatory authority.

We are all routing for you to get the £500 for work you really did for them. And if it goes to court we will still be for you. But why take the personal injury claim away just to spite them? Do you think they will purposely do a bad job? You say they stand to loose thousands, and yet you have not said any of that work was substandard. You want paying for what you have done (quite rightly) but yet you want to deny them that.

Seek justice here and don't cause yourself and others grief making it into a vendetta. It will only rob you of energy and sleep.

From what you have posted they are not the most honorable solicitors, but you are not responsible for their ethics. And you cannot alter them. Instead focus on all the positive things you have going on. For your own sake try to move on.

 

[Stocker]

Good luck with getting your payment .

 

[benion]

thanks ......

 

[SillyJokes]

You are wasting your time getting riled up saying IF they don't pay.

You are wasting my time too with pointless rants about IF they don't pay. It's totally wasted and very negative energy

Lets see if they pay shall we?

 

[iArtist]

May I suggest in future clients pay ahead of the work done. Month in advance.Pretty sure this how we paid our cleaners back in the day when I was Health Centre PM. It elimnates fear of non-payment for work done.

 

[benion]

Well what a surprise they have not paid!

I have just phoned up and spoken to accounts and apparently no-one is there because of Ramadam so I have to call back at 11.

 

[benion]

I phoned again at 11 and was told there was no one in accounts and the office manager would not be there all day.

I spoke to a partner of the firm and said I would withdraw my personal injury claim and transfer it to another law firm (my trump card I had been keeping up my sleeve).

Less than 2 minutes later the office manager (who was not even supposed to be in work) emailed saying they were paying it now!

I am so relieved and I can now start to put all this behind me.

 

[SillyJokes]

I, for one, am extremely relieved that we can all put this behind us.

Thanks for closure.

 

[JEREMY HAWKE]

I, for one, am extremely relieved that we can all put this behind us.

Thanks for closure.

Me too What will we all do with our lives now . ?

 

[Christine Hough]

Glad you got your money.
Good hunting for better customers and customer relations.