[funkyprem]

Howdy. As was a few weeks ago, I have a problem client who is not paying claiming various sob stories. This is the email I pplan to send off to them as soon as and any help would be mega appreciated.

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Hi [name],

Further to our phone calls to try and reach an amicable conclusion, I am now forced to

As you are aware you undertook my services to create your website for [company name], under an agreement that was agreed by both parties. I believe I have completed my end of the agreement in full, and was extremely accommodating when it came to the payment schedule which is not my normal policy when it comes to undertaking a website project. Normal procedure involves payment being completed at the set milestones which are agreed by both parties at commencement of the project. The next stage of the project will then commence once payment has been received. Due to our respective financial situations at the time of commencement, I was able to amend my usual policy so I did this for you.

Our original agreement was to have a payment made at the end of Phase one which related to the sign off of the front end design. A payment made at the end of phase 2 which was when the site went live. And then the final two payments made 2 months and 4 months after the site went live. I agreed to this schedule to aid your cash flow.

Even after non-payment of the first two invoices which (invoices dates 01/02/2006 and 01/04/2006), I still did not pursue the matter with any force. Due to a massive delay on my part, the third invoice did not reach you until 01/10/2006. As a gesture of goodwill, I am not going to enforce this as of 01/06/2006 as was originally agreed by both parties.

However, payment of all these invoices is now required by me. As a final gesture of goodwill, I will give you until the 10th of November (2 weeks from now and 3 weeks from my original request via telephone) to settle this bill. If this does not happen, I will have little other choice but to pursue this matter via the small claims court. If we reach this stage, I will be adding interest, at a rate of 8%, from the time that each invoice became overdue and adding this to the amount I will be claiming from you.

Please let me know of how you will proceed with this.

Many thanks,
Prem.

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Cheers dudes and dudettes!

[a46designs]

Without knowing your exact circumstances I'd say that's fine. As long as you've got all the agreement stuff(s) and its all signed as normal etc ... you should be able to sort this soon enough, wether through your sutomer or through the small claims ...


Luke.

[Cooper]

That first sentence just sort of trails off...are you planning on adding something to that?

[Dusteh]

Further to our phone calls to try and reach an amicable conclusion, I am now forced to

forced to what?

under an agreement that was agreed by both parties.

Used agree twice, it reads badly. Apart from that it looks ok.

The website is still yours, so I'm guessing it isn't actually live? If it is, can you take it down? Its amazing how this can motivate people.

[funkyprem]

Originally Posted by Dusteh

forced to what?

DOH! Counldn't think of anything to put there!! Will do before sending.

Originally Posted by Dusteh

The website is still yours, so I'm guessing it isn't actually live?

Site went live in April, they've replaced it with a *cough* beautiful template site because I refused to make any more amendments for them! Basically they were taking the piss continually wanting everything done yesterday.

[forbes]

if you wanna hire a hitman gimme a shout

[pedge]

Sounds ok to me (agree that the first sentance trails off).

For small claims you need everything at hand - all evidence etc as you will need to include that when you send the forms off.

Also, the small claims court, even if it rules in your favour, still has weaknesses where people can take just as long to pay.

If the person is a sole trader (and not a limited company/partnership etc) then small claims which rule in your favour can affect their personal credit rating which will make it difficult to get credit etc in the future.

I usually add this bit of info in correspondance if it is a sole trader I'm dealing with as they are the legal entity, not the company. Amazing how that can make people think again.

In future, you must get your payments promptly - if you're mister niceguy then you'll get this again and again and again.

You're a business so buddybuddy arrangements don't hold - always think "if he says he'll have problems paying after 1 month (or whatever), what will be different in another two months after that?"

[funkyprem]

Originally Posted by pedge

always think "if he says he'll have problems paying after 1 month (or whatever), what will be different in another two months after that?"

Lesson has officially been learnt!

[jdk]

I would send an actual paper letter rather than an email. I've always had more luck this way.

[pedge]

Indeedy - always looks better. Send it recorded delivery so you have a signature as proof of receipt.

An alternative (or final push before using the county court) in the meantime is to send a solicitors letter - they only cost £2 or so and lets the client know you're taking this seriously.

If a client changes their mind about using a site after commissioning you, and they've made you make changes to it, its their problem not yours - so you should be ok.

Try this site for solicitors letters which are all processed online and a dream to work with (crap design though):

http://www.thomashiggins.com/

Good luck!

[funkyprem]

Badass! Cheers Pedge!