daveb666
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| posted on 8/4/14 at 10:57 AM |
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OT - Recovering Owed Money
In June 2013 a friend that worked at a sign-writing company asked if I could recommend a local IT company that could refresh their network setup and
install a new server and decent backup system.
I'd recently worked alongside a Leeds-based one-man-band IT company at my mother-in-laws Dental Surgery (and they came highly recommended by
them). I sent an email to the chap at the IT company, we'll call him Bob, giving my overview of what my friend needed but asking whether or not
I could receive 'commission' for passing the work on to him.
18th July 2013 - I received an back from Bob who confirmed I would be able to obtain a 10% commission fee based on the value of the
"labour" of his work.
Great, I passed on my mates details, Bob visited my mate and have a proposal and my mate accepted.
16th August 2013 - My mate tells me the servers and equipment are being installed
11th September 2013 - Email to Bob chasing an update
11th September 2013 - Email from Bob confirming he's struggling abit as his wife is about to give birth
30th September 2013 - My mate leaves the sign company (on good terms I may add)
14th October 2013 - Email from 2nd in command at Sign company who confirms the IT job is nearly finished just with a few problems but that Bob is hard
to get hold of as his wife has given birth recently
14th November 2013 - Email from Bob confirming the amount I'm owed (around £150) and that the company had been invoiced and I should expect my
commission within 14 days.
14th November 2013 - Email from me stating my payment details (cheque, paypal of bank transfer)
3rd January 2014 - Email from me chasing my commission
24th February 2014 - Find out from my mother-in-law Bob has been in hospital with heart problems
28th February 2014 - Email to Bob stating I'm aware of heart issues but obviously disappointed I've not received my money.
That brings us to today, when I find out from my mother-in-law that he's now back at work. Because he's a 1 man band if I call he only has
voicemail (he seems to screen every call) and every message I leave is ignored.
I realise the amount of money is relatively minor but do I have grounds for a small claim against him? I have every email saved in the file, and most
importantly, the emails agreeing to 10% of the labour fee and an email confirming he has invoiced the client and stating exactly what my commission
will be.
I welcome any thoughts...
2007bc Photography - Commercial and Wedding Photographer based in West Yorkshire
http://www.2007bc.co.uk / http://www.huddersfieldcommercialphotographer.co.uk
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twybrow
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| posted on 8/4/14 at 11:10 AM |
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Yes, I would say you do. But as someone who has been chasing a claim through the small courts for nearly 2.5 years, the system is a joke. I won the
case, but enforcing the judgement is next to impossible so to date, I have not seen a penny from the other side, despite the court bailiffs being paid
to recover the money.
If I were you I would threaten the action to see if it resolves the situation. If it doesn't, you need to decide if you can be bothered with the
haste for £150 - personally, I would not bother (but that is from my experience - others may have more positive feedback!).
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Ninehigh
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| posted on 8/4/14 at 11:19 AM |
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Steal a wheel off his van 
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MP3C
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| posted on 8/4/14 at 11:23 AM |
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Well, I would say you are more than entitled to that money if it has been agreed and outlined in your emails to and from him. Good luck getting it
though. It would cost significantly more going to the small claims court trying to resolve it and you then don't have the certainty that you
will win. I would say just keep trying to contact him.
Good luck.
Just to put it into perspective it is exactly the same as selling something on eBay and not paying eBay the listing fees and I have never seen or
heard of them letting people off paying them. If they did they wouldn't last very long as a business!
Matt
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mark chandler
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| posted on 8/4/14 at 11:23 AM |
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Write it off to experience, it's not like you are out of pocket in this.
Chasing money like this through small claims will just make you miserable, even if you win he still may not pay out so you have to repeat the
cycle.
[Edited on 8/4/14 by mark chandler]
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Minicooper
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| posted on 8/4/14 at 11:25 AM |
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28th February 2014 - Email to Bob stating I'm aware of heart issues but obviously disappointed I've not received my money.
When I had heart problems I told anyone and everyone they will get paid as and when I decide, I refused to deal with anyone until I was well enough
and had recovered financially. Priority debts first, everything else can wait
David
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daveb666
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| posted on 8/4/14 at 11:28 AM |
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quote:
Originally posted by Minicooper
28th February 2014 - Email to Bob stating I'm aware of heart issues but obviously disappointed I've not received my money.
When I had heart problems I told anyone and everyone they will get paid as and when I decide, I refused to deal with anyone until I was well enough
and had recovered financially. Priority debts first, everything else can wait
David
That I can totally agree with David. But his heart problems apparently began mid-January, by which time I should have been paid 20 days previously.
The thing that annoys me the most is the lack of contact from him.
If he said what you had, I would happily accept it, but he's said nothing to me.
2007bc Photography - Commercial and Wedding Photographer based in West Yorkshire
http://www.2007bc.co.uk / http://www.huddersfieldcommercialphotographer.co.uk
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MP3C
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| posted on 8/4/14 at 11:36 AM |
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quote:
Originally posted by Minicooper
When I had heart problems I told anyone and everyone
At least you contacted people stating that you was having problems and explained things rather than having to find out from a 3rd party.
Matt
[Edited on 8/4/14 by MP3C]
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Minicooper
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| posted on 8/4/14 at 11:42 AM |
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quote:
Originally posted by daveb666
quote:
Originally posted by Minicooper
28th February 2014 - Email to Bob stating I'm aware of heart issues but obviously disappointed I've not received my money.
When I had heart problems I told anyone and everyone they will get paid as and when I decide, I refused to deal with anyone until I was well enough
and had recovered financially. Priority debts first, everything else can wait
David
That I can totally agree with David. But his heart problems apparently began mid-January, by which time I should have been paid 20 days previously.
The thing that annoys me the most is the lack of contact from him.
If he said what you had, I would happily accept it, but he's said nothing to me.
I think you should get your money eventually, as that was what was agreed.
The way people deal with heart problems is different, I for one couldn't wait to be sorted out properly and would happily talk about it to other
patients also waiting for a heart bypass. I gave up talking to other patients in the end as they would burst into tears regularly, most patients were
very down and would spend most of the day starring at the ground and would only rally when relatives came in.
David
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sdh2903
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| posted on 8/4/14 at 12:03 PM |
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If the guys genuinely ill, give him a break. Self employed people off sick have a million and one other things to worry about
life's to short over £150 to go chasing through the courts.
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coyoteboy
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| posted on 8/4/14 at 12:05 PM |
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No effort was outlaid for the money, it's a recommendation fee. Sure you're owed it, but write it off as a reason to never recommend him
again (and never recommend anyone you haven't dealt with many times before successfully)!
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Wadders
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| posted on 8/4/14 at 12:08 PM |
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quote:
Originally posted by mark chandler
Write it off to experience, it's not like you are out of pocket in this.
Chasing money like this through small claims will just make you miserable, even if you win he still may not pay out so you have to repeat the
cycle.
This ^^
Not worth the hassle for £150, who knows he might even surprise you and pay up once he gets straightened out.
Al
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Charlie_Zetec
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| posted on 8/4/14 at 12:14 PM |
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Personally, I'd send him an invoice with the total amount, requesting payment within 28 days (maybe attach some of the correspondence as well,
to jog his memory). I think this makes it a bit more official.
If the guy's ill then as other have said, he probably doesn't want to be pestered too much while recovering - especially if he;s a one-man
band, as he'll already be stressing over everything else he'll have to catch up with. But out of common courtesy, I'd have at least
made contact and explained the situation.
As for small claims court action (from my experience), it does work but can take time etc. and there is a nominal cost associated with it. IMHO, not
worth pursuing for a small amount especially as you've had no physical outlay as such in terms of goods or labour. Expect to maybe "take
it on the chin", learn a lesson, and not recommend him again.
Artificial intelligence is no match for natural stupidity!
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froggy
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| posted on 8/4/14 at 02:00 PM |
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Id forget about it and if he pays its a bonus , if he's dodging you over £150 I very much doubt you'll see it .
[IMG]http://i144.photobucket.com/albums/r187/froggy_0[IMG]
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redturner
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| posted on 8/4/14 at 05:11 PM |
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If the guy you recommended and was prepared to take 10% off had done a bad job would you have been happy if the customer sued you both. Forget it and
walk away because at the end of the day the guy might have simply bumped the price of the job up to give you a commision.....
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ashg
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| posted on 8/4/14 at 08:14 PM |
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Life is too short move on. The amount of effort spent on extracting the money from him would be better spent on family, friends, and fun things rather
than days in court and building up mountains of stress and paperwork.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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daveb666
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| posted on 10/4/14 at 11:01 AM |
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I'd taken the decision to send another email and leave it at that.
I sent the email shortly after writing my initial post.
I received a response from 'Bob' apologizing and asking me to send an invoice for the full amount + £50 for the delay and he will pay next
month.
Whether he will or not, who knows; but at least it's a response.
2007bc Photography - Commercial and Wedding Photographer based in West Yorkshire
http://www.2007bc.co.uk / http://www.huddersfieldcommercialphotographer.co.uk
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redturner
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| posted on 10/4/14 at 11:27 AM |
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Best of luck, hope he pays up.....
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