Name and Shame???

[Stephen-RIB]

Hi Guys,

As a few of you know, I have a fairly rubbish year having being made redundant etc, so I turned my hands back to RIB repairs briefly to bring in some cash rather than going on the dole, I started to do this just in September and October prior to my departure to go traveling for a couple of moths whilst I decide my next plan.

I carried out a temporary/emergency repair for a well known person here who has a charter RIB back in September, I have done a couple of jobs for him the past with no complaint. He then subsequently decided to offer to buy a couple of items I had listed here in the classified section promising payment for both the repair and bits by BACS. He has made numerous promises and is quite frankly just being a complete **** about it, we are now in November, I am sitting in an internet cafe trying to get my money and he is just ignoring me.

He is a well known member here and has been in the industry for a couple of years, should I name and shame or what?

[JSP]

I wouldn't just yet. Doing that could make matters worse between both of you. With the person having a charter company I'm sure they have a phone number listed somewhere so maybe a phonecall could sort it all out?

Hope it all works out ok for you though. Take it easy

[Channel Ribs]

Originally Posted by Stephen-RIB

He is a well known member here and has been in the industry for a couple of years, should I name and shame or what?

First port of call should probably be to JK.

I would like to think that it would be best to name the person, just so that someone who is about to do a similar deal with the same person can be forwarned.

[Downhilldai]

Originally Posted by Stephen-RIB

.... He then subsequently decided to offer to buy a couple of items I had listed here in the classified section promising payment ....

I would just like to clarify that this was not me

http://rib.net/forum/showthread.php?p=323600#post323600

I didn't even get the courtesy of a reply on this.......

[willk]

Current legal advise on this is ABSOLUTELY NOT (in Ireland admittedly, but we're still running Law&Order v1.13 that you guys left us with in 1923). I'd throw it to the small claims court, but show the guy the application before you file it. He's just dicking you around. If you are "found for" there, then you can tell us, as it's a matter of Public Record. If he is "found for", guess how much trouble you would have been in had you told us?

[Channel Ribs]

Originally Posted by willk

He's just dicking you around. If you are "found for" there, then you can tell us, as it's a matter of Public Record. If he is "found for", guess how much trouble you would have been in had you told us?

But surely an invitation to explain his point of view would be a good way to avoid a small claim? The courts like to see that efforts were made to keep the matter away from them.

[willk]

Originally Posted by Downhilldai

I would just like to clarify that this was not me

... and naturally, no matter how Guilty mi Lud you might look, DHD, we all believe you

_________
I'm talking bollix, but you already know that :-)

[Downhilldai]

From what you're saying, there doesn't appear to be a dispute over the transaction, simply a problem getting paid for your goods & services, in which case, you have a pretty strong case for the County Court making judgement in your favour.

You still have the problem of getting payment from the guy.

[C2 RIBS]

I would not advice name and shame as usually this lead to a confrontation of some sort but offer some ideas of how I have previously handled similar .
1. Add late payment charges to all invoices
2. add additional payment charges for chase up letters (just like banks)
3. Ensure you keep all documentation, letters, e mails
4. Keep records of all tel calls

When all this fails then the cheapest option is the on line small claims court
https://www.moneyclaim.gov.uk/csmco2/index.jsp

5. Also take a copy of the claim form before you send it,Write DRAFT across it and send it to the person/company with a covering letter stating your intention to send to court if no payment+charges made within x number of days.

I also did this with a very large football club and they paid in hours


This allows a simple option but you need their address to send the on line papers and costs about £35 but this gets added to the charges. If the person/company fails to pay then a court order is done and this effectively 'screws up' the person/company from obtaining credit and it also keeps it lawful and allows you do show credibility and business accumen Hope this Helps Ian

[willk]

Originally Posted by malthouse

But surely an invitation to explain his point of view would be a good way to avoid a small claim? The courts like to see that efforts were made to keep the matter away from them.

No. Despite what the Beak may say, Courts like us to waste their time, they get well paid for it. I do a bit of this stuff through work (retrieving monies owed ) and the advice shared is that of our legal dude, i.e. beware attempts to "name & shame", it can end in tears if the other party wants to make an issue of it.

[willk]

Everything that C4 ribs said

[Nasher]

People who take advantage deserve to be taught a lesson.

Is the charter business RYA or local Tourist board Registered?
As at the very least I'd start to copy them on any correspondance just to cause a little extra grief for the person.

How much money are we talking?
If it's enough to be worth their while I know some people in Portsmouth who will purchase the debt from you at @50 to 75p in the pound.
They are very good at retrieving bad debts

A few years ago after a month of trying to get a refund from a company, I spent 20p registering:-
www.(Insert the company name)stolemymoney.co.uk
I made sure it appeared on the first page of a google search for the company name, set out my issue on the page objectively, and sent the manager a link. They threatened me with legal action, but my money was soon refunded on the promise I shut the site down.

Nasher

[JSP]

Originally Posted by Nasher

A few years ago after a month of trying to get a refund from a company, I spent 20p registering:-
www.(Insert the company name)stolemymoney.co.uk
I made sure it appeared on the first page of a google search for the company name, set out my issue on the page objectively, and sent the manager a link. They threatened me with legal action, but my money was soon refunded on the promise I shut the site down.

Nasher

I like it

[Zubenelgenubi]

Whatever you dont make any decisions, make telephone calls or write e-mails in anger!
While is is frustrating being owed money I would strongly counsel against naming & shaming. If you do so your work / products can similarly be countered by a name & shame strategy, thus dividing opinion.
Go with the legal route.

[chewy]

Going the legal route is maybe the best but it won't stop other members getting shafted.

[bazza]

Originally Posted by C2 RIBS

1. Add late payment charges to all invoices
2. add additional payment charges for chase up letters (just like banks)

You cannot add these charges legally unless this has been agreed AND explained to your customer at the time of the contract agreement.

But I would agree with... send him a final demand stating he has "x" days to pay them submit a small claims through the courts. This way even if he pays before the court date (which a lot of people do) you can still let the court hearing go ahead to claim the court expenses.

[tinker]

Be careful, you may have to defend yourself against a defamation case. JK, as nice as he is, would have to disclose IP information on request from a lawyer or court. If you have not got the money to employ a solicitor, or if it goes really pare shaped, a barrister, then do not start a fight you can't 'afford' to win.

Thats unless you post from an internet cafe and pay cash.

[Knot Yet]

Stephen - sorry to hear the hassle you are having - as the others have said - don't do anything rash - hope you get it sorted soon

J

[Jono Garton]

Nothing like a trial by the rib.net court

This thread is worst than a court letter.

Jono

[Chris]

Originally Posted by Jono Garton

Nothing like a trial by the rib.net court

This thread is worst than a court letter.

Jono

Say's the voice of experience