[horse]

Existing web client (previously paid on time etc.) now owes me for a print project. Deadline was supposed to be beginning of December last year for a 50 page brochure. I worked crazy hard to get the brochure finished by the deadline for the printers and then clients failed to get final content for me. So, they missed their deadline for the printers. They gave me no explanation nor did they let me know when they would be supplying me with the final content. Printers kept hassling me as well because they were unable to get in touch with the client.

Mid January, after being ignored for 2 weeks, the man (husband/wife duo) told me they had split up and the lady was going to take over the company. So, I contacted her asking when she wanted to continue the brochure and also if I could invoice her for work completed so far. This way I would stay happy and interested in the project and also ensure that she would finish the project. She said she still wants to do the brochure and agreed to this and said 'send the invoice and I'll pop a check in the post'. 3 weeks went by with no payment so I emailed her a follow up email. She ignored it. I phoned her and left a message. No call back. I phoned the husband who said he had nothing to do with it anymore and said keep calling her. I have left several phone messages plus another follow up email. Nothing.

At first I thought this was fine because eventually I would finish the brochure for her and get paid the whole thing upon completion. Now, I think she has scrapped the project totally (the printer has dropped them) and has no intention of paying me for the work. The brochure is 90% done and I spent 3 weeks including weekends of hard work in November doing this job. Even if she hasn't decided to scrap the project, she's ignoring me totally. She has also changed all the ftp passwords to her website which I designed and maintain for her. So she has blocked me out of her website for some strange reason.

Is the next step a legal letter? I don't have a lawyer. Or should I just keep on trying to get in touch with her. Any suggestions, please.

[Narate]

Didi you have a contract/written agreement?

[horse]

no, she was an existing client who, up to then, was a good client and paid up straight away.

[pedge]

Originally Posted by horse

Is the next step a legal letter? I don't have a lawyer. Or should I just keep on trying to get in touch with her. Any suggestions, please.

You don't need a lawyer - try http://www.thomashiggins.com/ - they handle my late payers for me; costs £2.00 + vat for a solicitors letter and have a web-based management system for tracking letters.

They won't take it to court unless you say so and often the letter is enough to scare the client into at least getting back in touch with you. If you want to take it legal, issue a small claims form yourself (not via the above site) as it will cost you £30 instead of over £100.

You need to make sure you know who to bill (down to the exact spelling of their name and address) - if they're an individual then they risk a negative credit rating if the county court judgement goes against them so they'll want to settle.

At the end of the day they asked you to produce work for them; contract or no contract you have proof that they commissioned the work (i.e. the files, copy & content, right?) and that will stand in your favour. This doesn't mean you don't need a contract - they're invaluable - but will help your case.

Another thing which may help is getting someone else (preferably older and more authoritative sounding than yourself) to call chasing up payment on behalf of your accounts dept - that makes it more difficult to fob you off with a matey conversation as the other person won't/must not take any shit from them (it worked for me and got a bill paid within days when my father-in-law called them!).

Get this person to leave voicemail messages stating that if its not resolved by the end of the week you will instruct solicitors to begin proceedings which may affect their personal/company credit rating if it goes against them. Then, at the end of the week if you hear nothing, use that website above to send them a letter. If nothing happens within 14 days, still chase them up via phone & email and make another call saying you're now issuing a county court judgement - wait a day or so to hear from them.

If nothing happens, go to https://www.moneyclaim.gov.uk and start proceedings - it will cost you £30 but you can claim that back. If they don't dispute or issue a defence within so many days then you can request judgement by default and that will probably go in your favour and they'll get (a) a black mark on their credit rating and (b) you legally sending in the bailiffs (if you want to).

Believe me; they'll try to get out of paying by hoping you'll give up after ages of trying; but if you use the above method (as I've used) then it will rattle their cage (especially if a sole proprietor) and you've more chance of getting your money back. If you leave it, then you're the loser.

In my opinion its worth the £30 for the small claims court as at least you've got a chance of affecting their credit rating which will make it difficult for them to get credit, loans or a large client who credit-checks before entering a contract with them...

Hope that helps - good luck!

[oli]

Good advice Pedge

[horse]

Thanks very much for your advice, Pedge. I agree the next step is a letter and I am on it now! Thanks for the links too - you've been very helpful.

[datahound]

I would take issue with the husband bailing ship. If he was part of the business when the work was comissioned I would hold him legally responsible and if he is the only one responding to you threaten him with a legal proceedings as well. It may put pressure on him to put pressure on her.

If they have a cat issue it with a legal letter for luck.

I think what Pedge has said is very good, get a legal company to issue the letter to both of them. Legal letters are scary.

Only problem I can see is that if they are going through a nasty split neither of them maybe thinking straight and may not give a shit about much else. If this is the case superglue in the door locks is very satisfying.

[pedge]

If you don't know who to go for, go for both and see who shits themselves first (they're probably the one who knows they're responsible) - worth finding out for an additional £2.00 for a letter...

[pedge]

BTW, don't back down - if the customer wants to settle thats fine (obviously) but let them know that now the wheel's in motion they'll only stop once the bills paid. That means none of this "if you stop now I'll pay you next week" (they won't) - just say "sure, if you clear the bill next week thats fine but please be aware that until its paid, I can't stop the legal action".

Get on your invoice: "Title to the goods remain the property of (YOUR COMPANY NAME) until paid in full." which will mean you can take it back if they don't pay (no good in your case but without this legally you're knackered.

You can also charge interest on the amount owed - check google for statutory interest on monies owed...