Client won't pay (same old s**t)

[morgan spice]

Hi there,

I've a client who's owed me money (€500) since September. I completed work on his website & handed over the files. I trusted him because my friend was doing work for him too and getting paid for it at the time. We had agreed payment within 10 days of completion, it's something like 100+ days now.

Everytime I ask him for an update on the payment, he tells me "next week". He's taking me for a ride and I want to do something about it.

Is there some relatively cheap legal route I could take?

 

[Forbairt]

you can now go the route of the small claims court

 

[bosmedia]

Do you have access to the server there on?

Take down the site, don't hold any prisoners!

I always get 50% upfront and if they are not prepared to give me the deposit they can go somewhere else.

 

[morgan spice]

Thanks, Forbairt. But I looked at the small claims court web page and it seems to be only for rent & deposits, faulty goods and property damage.

Nah, unfortunately I've no access to his the server. Yeah, i should have got an advance really. I don't get too many projects though, so sometimes if a client doesn't want to or can't give an advance, I do the project in good faith. Stupid me.

I'm not sure if it makes a difference, but I'm irish living in Wales and the client is living in Ireland.

 

[Pixelcraft]

Forbairt's right, it's only since January, you're probably looking at consumer advice.

 

[Sinead Hanley]

Send him an Invoice - somthing is writing. You could try and bluff a bit with him and tell him you are going to take his site down, take him off the search rankings etc etc and see does that get a response. Otherwise, I think you're hands are tied - there is very little you can do.

 

[morgan spice]

I actually just found out the guy is a member of this forum (found posts in topics about clients who aren't paying and debt collection!!!)... amazing... i'm very tempted to expose him.

I've emailed a pdf invoice + paypal invoice. I have all the correspondance between us saved.

I can't believe the cheeky f**ker is giving people advice on this stuff. He really is taking the piss out of me.

 

[Sinead Hanley]

Do you mean he is giving advice on debt collection??

 

[morgan spice]

Do you mean he is giving advice on debt collection??

i mean he posted his advice to someone else in a different topic on this forum.

 

[louie]

lol

 

[link8r]

you can now go the route of the small claims court

Small claims court / consumer advice - this is for Individuals (people) -v- people or businesses, not for businesses.

OP - this is going to be an issue of contract & jurisdiction for you. I suggest you threaten legal action with a view to recouping your costs as part of that action. You'll need to get a solicitor in Dublin (cheapest option I'd imagine) - show proof of contract (e.g. payments, e-mails, quotes). Then have the solicitor write to him, advising him he will have to pay €500 + interest (allowable under EU law). You might be able to get a solicitor to do this for €50 - search online and e-mail a few! If this fails, then get the solicitor to lodge it in the court and then push for his fees.

If you can convince a solicitor that this is open & shut, they "might" take it on a no-win - no further fees but I've never tried it.

 

[morgan spice]

Small claims court / consumer advice - this is for Individuals (people) -v- people or businesses, not for businesses.

I've researched this, and apparently since January 11th, the small claims court now deals with Business - Business claims. But still not for debt:

Small Claims Court's remit to cover small firms - The Irish Times - Wed, Jan 06, 2010

thank you link8r, this is the best thing I can do + have actually already put the wheels in motion. I'll come back with any updates.

 

[link8r]

Interesting - "to be extended" though, so not yet within remit but possibly soon.

Problem with collecting on money due for service is the contract involved.

If you buy something that clearly violates a reason for breech of contract, its easy to deal with (spoilt or damaged goods). The rest becomes complex.

 

[Byron]

No much you can do to be honest, threatening people with legal action / shutting down whatever you can is probably the best bet. Also try to squat his domains when you get a chance and they are up for renewal.

 

[mneylon]

Also try to squat his domains when you get a chance and they are up for renewal.

You have to be careful with this

 

[Byron]

well that's true, but more as a bargaining tool, if worst comes to worst, hand it over.

 

[robototitico]

The fact that he is a member of this forum, and is giving advice in the debt section means that either he is completely braindead, or he is rubbing your nose in it.

That would really annoy me.

 

[Byron]

Hmm,

I worked with a guy who turned out to be psychophrenic, we had awful trouble dicphering client of "his" persona towards us, rather than his other persona as for a while contacts thought we were a paper manufacturing mills. Maybe give him the benefit of the doubt! - Alternatively and more logically approach him with the practice what you preach argument!

Either way, hope it all goes ok!

Regards
Byron