the right to refuse work

[JFC]

Good man =D> Dont forget to be very rude to him :wink: Or get swmbo to tell him where he stands in her eyes :lol:

 

[garywayne]

Andy.

You could always play the prat at his own game. Let him take you to court. When he looses he'll have to pay your wages, @ what was it? oh yea, a measly £500ph. You could always bump it up a bit, plus your travelling, court costs, etc. :wink:

Back in the 80s I had a British motorbike restoration business, and a bloke came in asking how much to sort his engine. I gave him a price and he said that his friend could do it for less. So I took great delight in telling him to take it to his friend. He then insisted that I sorted his engine. I told him to P*** off to his little friend before I broke his legs. I never herd from him again. I was later told by an acquaintance that his bike blew up a couple of weeks later.

That was one off the best and most memorable days I had ever had in business. It made me feel great. :twisted: And no, that is not why I'm not in business now.

I hope everything works out for you OK, and I wouldn't worry about it.

 

[Adam]

Remember though, you are a business and presumably this client is local to you. He can be telling everyone what an awful job you did etc etc, and you'd be hard pushed to get any libel proceedings underway without vast expense.

Although you want to tell him where to go, can't you just say that your accountant/solicitor has recommended that you don't undertake any future work, or tell him that due to non-payment previously you still have outstanding costs from the solicitor/lost work time etc, and you can't risk loosing any more money on the contract.

Adam

 

[LyNx]

Adam, i know what your saying. I really would like to tell him the truth, but I'm not going to waste time on that. A simple, NO is all he's getting.

He's not too local, not enough to cause any damage anyway. Plus i think he's too bloody stupid to think up anything damaging.

 

[woodbloke]

LyNx - I agree with much that has been said here but I would temper my enthusiasm to offer the middle finger until you are sure that your legal ground is absolutely cast iron. In your situation I might do one of two things, firstly to see what the Citizens Advice people had to say and then a solicitor, expensive but some (I think) don't make a charge for the initial consultation (first half hour from my experience). Whist its very easy to go off half-cocked you can be dead sure that his solicitor won't, bearing in mind your recent dealings with this 'individual' - Rob

 

[Losos]

Hi LyNx

As everyone has said, provided there is no written contract agreeing to make three bookcases, then there is no way in the world that you are committed to so doing.

They've 'finally' paid you for the previous work and you can give them as many fingers as you like, smiling as you do so

 

[NeilO]

based on what you told us . Lynx.....
you are under no obligation even if a contract was for 3 bookcases, which by the sound of it, the original contract wasnt..... as far as i would be concerned and would imagine the law... the breach of contract came from their side, as in none payment,
( i mean you dont go shopping at tesco and walk through the checkout saying " i`ll pay you whenever I have the cash", methinks you wouldnt be shopping there again in a hurry...)
so i cant posssibly see how any judical process can be brought against you....
and even if the B*st**d was lucky enough to find a senile old TW*t of a judge, play him at his own game....work commitments are unable for you to oblidge for at least 18-24 mths :wink:

 

[mudman]

There have been a few posts saying that unless there is a contract in writing that he hasn't got a leg to stand on.
Trouble is, this isn't true. In British law, a verbal contract is legally binding and you can be held to it. In my line of business (freelance computer contractor), if I agree verbally to provide services to a client, then I am legally obliged to fulfil the obligation to then provide the services.
The problem comes with defining the terms of the contract as they haven't been written down, they can be open to interpretation. Be careful in case you agreed verbally to building a third bookcase, especially if there is a third party to witness it.
Personally, I would take legal advice immediately. I would say that he has broken the terms of any previous contract, written or verbal with the non-payment, but, I would get an expert opinion just to be sure.
Most likely the guy is just trying to make mischief for you and he hopes that he can cost you a few quid, but, I would be careful as he could potentially do you some damage.

 

[engineer one]

remember remember samual goldwyn

" a verbal contract is not worth the paper it is written on" :twisted:

the clear breach of contract was when the customer refused to pay promptly on delivery.

paul :wink:

 

[garywayne]

I agree with Barry, (mudman). I remember a news item a while back where someone won a court case regarding a hand shake. The hand shake is classed as a gentleman's agreement, which at that time stood up in court. One has to be very careful these days. I would advise, as others have. Go to the "Citizens Advice Bureau". Then request the 1/2 hour or what ever it is of a solicitors time.

I am personally involved in a court case. It has been dragging on for 5 1/2 years so far, and there is no justice. The scumbag took me out on my bike. The court said its half my fault, because I should have anticipated the other guys actions. (I was overtaking his car on a straight road with no junctions.

 

[mudman]

remember remember samual goldwyn

" a verbal contract is not worth the paper it is written on" :twisted:

the clear breach of contract was when the customer refused to pay promptly on delivery.

paul :wink:

Sam's oft-quoted saying would probably hold true in his native USA, not here in the UK I'm afraid.

Don't forget, he may have breached the terms of the contract for the first two items, but that may not affect a previously agreed second contract. I would be tempted to be careful. This chap sounds very vindictive and he may have been carefully planning some sort of 'revenge' and be ready to hit you with something nasty and legal and expensive.
Personally, I doubt he has a leg to stand on, but, get legal advice quickly.

 

[Jake]

I am a litigation lawyer, and if you consulted me I would tell you to politely refuse to do the work in writing, saying there was no agreement to do a third, explaining that given his previous failure to pay you do not wish to work for him again, and as I said in my post above, say that he can just as easily pay someone else to do a third copy and that he doesn't need to get all three made again. That last bit means that he hasn't actually lost anyhting, so there aren't any damages to recover anyway, even if there was a breach.

And then sit it out.

The guy's credibility is shot, having lost the previous case, and no judge is going to believe he is anything other than a vexatious litigant, making up oral agreements to suit himself.

He can't force you do the work, and the only difficulty is the time and bother of dealing with him.

 

[Jake]

Oh, and my bill is in the post, obviously.

 

[Losos]

Will everyone please note there is no smiley after Jakes last post :wink:

 

[LyNx]

i't s ok, it won't arrive with xmas post and all that :wink: :wink:

 

[bugbear]

I am a litigation lawyer, and if you consulted me I would tell you to politely refuse to do the work in writing, saying there was no agreement to do a third, explaining that given his previous failure to pay you do not wish to work for him again, and as I said in my post above, say that he can just as easily pay someone else to do a third copy and that he doesn't need to get all three made again. That last bit means that he hasn't actually lost anyhting, so there aren't any damages to recover anyway, even if there was a breach.

What about IP/copyright/access etc to the design and any drawings (to allow the legendary third bookcase to be made) ?

BugBear