Taking client to court for non payment, need a little advice

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Infinity

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Hi guys, I've frequented this forum regularly for the last few years but only just registered.
I'm looking for a bit of help. I'm in court next week chasing payment from a job I completed last year in North West London.
The judge has asked me to provide the names of 3 experts in the field of wardrobe installation to choose from to examine the work and produce a report for the court. I need to provide costs of making the report along with the cv of the individual who would be completing the report. If anyone could point me in the right direction or be qualified to do this? Any help would be appreciated.
Thanks Noel
 
Hi Noel,

Not sure on this but just finding wardrobe fitting firms to make an inspectioin and report will obviously cost, so make sure that your own costs are added to your claim for this. It is not unusual for Courts to ask for other professional opinions of work and cost, typical of insurance companies. In fact if you have home insurance, your own insurers may have a list of firms that you could approach. You own home insurance may also cover legal costs for you, but not necessarily with all.

If you manage to get the Courts to find in your favour, ask for an order to pay immediatly. If they don't pay up, then you can ask the Baliffs office to collect the debt. Good luck, but I hope others will add to this to help you.
Malcolm
 
Can't help with your question Noel, but I wanted to wish you good luck, I hope the court case goes in your favour.
 
Sorry to hear of you problem with a customer.

A joiner who does this sort of work would do, as well as fitted wardrobe/furniture firm or even a one man band.

The problem is finding someone who wants to get involved by writing this sort of report.

For fitted furniture I always take a deposit, then an interim payment once the furniture is ready for installation and the balance on completion, as it is very difficult to got and remove it once it is in.

This way you are only going to lose part of the bill if you get a customer who can't/won't pay.

Freestanding is a deposit and balance on delivery.

What is the judge looking for in the form of qualifications ?
 
Thanks tomatwark, it was a big job I got a deposit and an interim payment but the final amount owing was still a lot (£14,000) looking back I know I shouldn't have completed the job with such a large amount owing but I had no problem with payment up until then. They also didn't pay others who did work for them but they were for smaller amounts. The court letter just asks I provide "a list of 3 experts in the field of wardrobe installation together with their fees and cv of the person who would write the report"
 
Ow

That's a big hit to take.

If you have guys you know who fit kitchens and bedrooms I would ask them.

Get them to give you a price for doing a report if they have to, and also I would perhaps give them something anyway even if they are not needed.

It sounds to me though if the customers have not paid other trades that they don't have the money.
 
Think it's more the case of the contractor being a crook and taking payment from the main client and just not paying the tradesmen... the house being refurbished is worth 11 million and he dragged the job out for 4 years..
 
Are you taking the client to court or the contractor.

If it is the contractor I would see if the client will give you a letter to say they are happy with your work.

This means there is not an issue with the work and it is down to the contractor to pay you.

This means that it should not be necessary for the court to even bother with experts, as the claim is over non payment and not the quality of your work.
 
It's the contractor I am taking to court, client lives overseas so not really possible to contact them.
I have emails from the contractor promising me payment for 3 months before I took action with no mention of any issues with the wardrobes. I went onsite before I started the claim and removed all the doors and shelves that were not fixed down and told him they would be returned when payment was made which is when he started saying there was problems with the work...
 
These cases are tricky, it sounds like the contractor is using the old snagging argument to claim reason for non-payment. Annoyingly most times Ive had bad debts they have been due to third parties. This is how I find it goes: the client pays the main contractor, but the main contractor has cash flow problems, say for eg on another job, then you dont get paid........

My experience has not been good dealing with main contractors, they push hard to get the work done but often dont have much interest in confirming details and also often dont discuss design details in sufficient depth with the client. I try to be contracted direct with the client wherever possible. Where dealing with a main contractor its best to get all details and spec along with any running changes confirmed in writing by email, copying in the client at the same time.

Make sure you have the full correspondance stream, logged and dated.

Main contractors are quite happy to confirm changes or additions by a casual conversation, sometimes without confirming with the client, but deny all when it comes to the crunch.

There are expert witnesses around that can do stuff like this.

for example:
https://www.jspubs.com/expert-witness/s ... huntingdon

I would try and phone one or more up to get some advise first.

Best of luck with it!
 
In my experience of litigation (as a professional) it is odd for a judge to ask a claimant to provide three experts to choose from. Defendant's solicitor will invariably dispute experts offered by claimant unless both parties have agreed the expert is independent. This sounds as if the defendant has put forward an expert on their side. Are you being legally advised? Do you have a lien over the goods you have removed from site? Has there already been a hearing (hence the "judge" asking questions)? Are you 100% confident that a genuine expert would find your work to be of satisfactory standard - given that they cannot now inspect it because you have removed goods from site and time has passed?
 
By removing bits from site, I would have said you have given the other side a good case, for not making full payment.

We have all felt like doing it from time to time, a friend of mine started to take someone's windows out he was owed for. ( the guy paid up very fast at that point)

But not before taking the customer to court for non payment.

I think AJB has a point about if an expert can now write a report on a part installed job.
 
Been there done it all and...

On a 'domestic' project of that magnitude, (or even say from 100K upwards) you will invariably have the client employing an 'interior designer' who the main contractor, when they finally get to the second and finish fix stage, has fallen out with and now hates. They will all talk to you about what you have to do for whatever reason best suits them and have endless meetings mainly about what isn't quite right and who's fault it looks like it is, but not why. Vague is good for them all at this stage, you are still dangling.

The client is often disillusioned and weary with it all and possibly desperate (especially if they have moved out, or even worse, are putting up with all the stress and mess on a daily basis. and feels that they need to side with their best hope of getting the dream they had, eventually realised and completed. They don't like the conflict or confrontation and being unhappy to pay and not knowing who to pay, get all sorts of stress creating advice, from people not involved and therefore full of it.
Poor sods sometimes! But, very occasionally, you come across someone who knows precisely how this all works. They just sit back and cherry pick different things they can condemn or be unhappy with, in order not to pay for the work they have had done. They know the designer, main contractor/builder and tradesman will all be arguing about ...

It all gets savage and

The builder realises he is only as good as his subbies (who he cant now pay) but has to side with himself and retreats into a 'Its not going to cost me anything for this chit, it's someone else's fault' one way or another, NEXT! and retreats into whatever contractual limitations he can use and abuse.

The interior designer has no concept or understanding of the situation other than the importance of his/her view.

The poor ******* that got himself entangled with these idiots is left desperately hoping things will be settled before the end of the project, for after that, he can only phone and write... he is into a right few bob in time and materials,

I could go on and I bet so could many of you guys.

You have to treat everything you do these days as a potential court proceeding and prepare for the worst, its sad but true.
Just because it is someones house does not mean you don't need the protection of an accurate brief to work with.
Unfortunately, the modern worlds emphasis on the cheapest price as opposed to the right price is now biting bums in every aspect of life.
My advice to anyone asked to get involved with one of these multi million pound or any large project is to turn them down. They want it done for nothing and there are too many sphincters involved. It always ends badly for the honest small guy.

Glad I'm out of it.

As a matter of interest, what was the the client a native Anglo Saxon?
 
Pretty much sums it up, no the client is I believe from Africa and as far as I've been made aware has only set foot in the property twice in 4 years
 
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