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Guy owes me money and I dont know what to do

  • 01-12-2005 12:11pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hello,
    I did computer work for a guy a few months ago. The cost was 1k which was agreed on, no problem. I didn't get a deposit (long story).

    Since then I have always been ringing him up and he says he will meet me and I call him and he puts it off and this has been going on now for a while.

    Ive pleaded with hime over the phone and he says he will get it.
    I rang hime on Tuesday and said listen I need this thursday (today) because I have to pay my rent tomorrow. He said he would definitely meet me at 10 this morning. Rang him and 10 past and I gave out to him, he said he would call in at two and he might have to give me a post dated check (hes talked about giving me one of those before and he never gave it to me). I gave out to him for messing me around and he got abit pissed off and said that hes v. busy and im not on top of his agenda at the moment and all this, hes a dickhead, after me pleading with hime like. Ive thrown my pride out the window with this guy. Dont get me wrong, I have been very stern all along with him.

    Hes calling in a two, should I beat him up, threathen him? Take the keys out of his van and not give them back till he pays me? Im gonna have to scare hime to get this money.

    btw, theres no written contract. verbal only. but he was in the office loads of times before and ppl in the office were talking to him etc. so theres loads of proof I was doing the job for him, and also the completed work is available to view on the internet. I really dont want to get police or solictors involved. I just want the money to pay my rent tomorrow.

    HELP!!!!!!!!!!!!!!


Comments

  • Moderators, Social & Fun Moderators Posts: 42,362 Mod ✭✭✭✭Beruthiel


    should I beat him up.

    no you shouldn't
    and anyone who tells you that you should will get banned from this forum.
    Going down that road will just land you in court and I think you know that.


  • Closed Accounts Posts: 217 ✭✭Jim10000


    I wouldn't be too hopeful about getting the money to pay your rent - hope I'm wrong, but it doesn't sound like this guy is going to change and do the right thing at the last minute.

    How about arranging to get the money in installments and getting him to sign something to that effect? At least you might get your money eventually and he might feel more legally obliged to pay you with some sort of written contract.

    Good luck with it.


  • Closed Accounts Posts: 5,673 ✭✭✭Miss Fluff


    What a pain in the ass! You could pursue it through the Small Claims Court, http://oasis.gov.ie/justice/small_claims_court/small_claims_court.html and perhaps even mentioning same might spurn him into action or how about getting him to pay it in two or three installments? Resorting to violence or stealing his keys would be ludicrous. I can understand your frustration with him as you've been more than reasonable, but you'd just land yourself in bother!! :(


  • Registered Users, Registered Users 2 Posts: 186 ✭✭MrTimewalk


    It sounds like he is messing you around. If it's a web application I would recommend taking it down off the web if he won't pay up.


  • Registered Users, Registered Users 2 Posts: 2,082 ✭✭✭Tobias Greeshman


    Personally I'd threaten him with that you'll visit to your solicitor if he doesn't cop himself on and pay up.


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  • Registered Users, Registered Users 2 Posts: 1,390 ✭✭✭galwaydude


    as the other post said if he doesnt pay up and he comes up with some crap excuse again, remove the website. Threatening him will achieve nothing only more grief and if you went to the small claims court that would count against you.
    The guy sounds like a muppet who is chancing his arm and taking the piss.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Welcome to doing business in Ireland.

    Don’t threaten or use violence of any kind, as it’ll backfire on you; legally if you’re lucky and physically if you’re not. You’re not a gangster, so don’t pretend you are.

    Small Claims Court does not cover debt collection and breach of business contract, AFAIK. You could use a solicitor, but given the amount it’s arguable that it’s worth your while. The same goes for debt collection agencies. Bare in mind, the moment you get legal, it ups the ante and if he chooses to call your bluff (and in his shoes I would) it’ll guarantee that he won’t pay. Also, without any written contracts, I can’t say how good your case would be.

    My advice is to harass him for the money. Call him every day. Email him every day. Call into his office, with a few friends, and sit there in reception. Eventually he’ll pay you just to get rid of you.


  • Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    Get him to sign a paper stating that he did owe you €1000 but because he wouldn't pay you had to let him off with €400. Then sue him for the balance.

    I AM NOT A LAWYER


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    Hello,
    I did computer work for a guy a few months ago. The cost was 1k which was agreed on, no problem. I didn't get a deposit (long story).

    Since then I have always been ringing him up and he says he will meet me and I call him and he puts it off and this has been going on now for a while.

    Ive pleaded with hime over the phone and he says he will get it.
    I rang hime on Tuesday and said listen I need this thursday (today) because I have to pay my rent tomorrow. He said he would definitely meet me at 10 this morning. Rang him and 10 past and I gave out to him, he said he would call in at two and he might have to give me a post dated check (hes talked about giving me one of those before and he never gave it to me). I gave out to him for messing me around and he got abit pissed off and said that hes v. busy and im not on top of his agenda at the moment and all this, hes a dickhead, after me pleading with hime like. Ive thrown my pride out the window with this guy. Dont get me wrong, I have been very stern all along with him.

    Hes calling in a two, should I beat him up, threathen him? Take the keys out of his van and not give them back till he pays me? Im gonna have to scare hime to get this money.

    btw, theres no written contract. verbal only. but he was in the office loads of times before and ppl in the office were talking to him etc. so theres loads of proof I was doing the job for him, and also the completed work is available to view on the internet. I really dont want to get police or solictors involved. I just want the money to pay my rent tomorrow.

    HELP!!!!!!!!!!!!!!

    there is no proof you were doing a job for him.
    people in an office dont count.

    was this a nixer?

    you have just learned that in future, you will get a contract for your work, or you wont do the work.

    really, its that simple.


  • Registered Users, Registered Users 2 Posts: 656 ✭✭✭davidoco


    fill in your details on pm'd district court summons, and tell him that your sending it in the post if your don't get a cheque today. Tell him that anything registered against him will show up on court records and also that you will be looking for costs on top.

    Just use it for the bluff usually works although I had one *itch who made me wait until the morning of the court case for money owed. Some business people think that IT work is not real work. The chances of him standing in front of judge and saying "no he didn't do any work" are slim when you have evidence of work done, this is irrespective of what contract you have verbal or written.

    ** can't upload the word doc or pm as user unregistered


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  • Closed Accounts Posts: 741 ✭✭✭michaelanthony


    Use a debt collector


  • Closed Accounts Posts: 6,598 ✭✭✭ferdi


    just get some big huge friend of yours to ask him nicely for the money.

    sometimes the appearance of intimidation is enough.

    This guy is a prick, he's due a scare


  • Moderators, Recreation & Hobbies Moderators Posts: 10,440 Mod ✭✭✭✭Mr Magnolia



    My advice is to harass him for the money. Call him every day. Email him every day. Call into his office, with a few friends, and sit there in reception. Eventually he’ll pay you just to get rid of you.


    This is good advice (but call to his office on your own, not with friends).

    Don't get physical or stroppy, be professional and hound him.

    After a few weeks if this isn't successful, suggest payment in 4 or 5 installations and learn from your mistake.

    Good luck!


  • Registered Users, Registered Users 2 Posts: 24,362 ✭✭✭✭Sleepy


    If it's a website or web app, change the passwords on all accounts and inform him that unless he pays within a week, the site's coming down.


  • Registered Users, Registered Users 2 Posts: 2,859 ✭✭✭Duckjob


    First of all, I take it there's no issue over the satisfaction of the job that was done and he agrees that the job is completed.

    If thats the case, then as others have said, logon to the account, disable the website and tell him it will be restored upon receipt of full payment from him.

    I know people like this who will push their luck as long as they know they can get away with it. When he realises he can't get away with it anymore he'll pay up.


  • Registered Users, Registered Users 2 Posts: 4,839 ✭✭✭Hobart


    If iot was me, I would atempt to recover any bit's and pieces, I had installed for him legally and without violence, by going into his office and recovering my assests. I would also atempt to delete any software I had written/installed for him.

    If this does not work I would pester the f**k out of him, phone/email/fax/txt whatever. the fact that you are not top of his priority list is of no consequence. as for the "proof" of work, that's codswallop. I could walk into a shop, pick up a choclate bar, eat it and wlak out. There is no proof I have eaten the bar, merely witnesses (probably me and the shopowner), that does not mean that you cannot prove that I ate the bar.

    Also keep a record of all dealings with this guy, and write down any retrospective atempts you have made to try and get this money back. send him on another invoice (inflated) to include your time taken up with chasing this money and the admin involved. If all else fails get onto the credit bureau and ask them how you can go about afecting this guys credit rating and then get onto a professional debt collector and ask them how you would go about selling this debt to them.


  • Registered Users, Registered Users 2 Posts: 1,106 ✭✭✭turbot


    If I were you, I'd explain to him that you have emotional problems, and you don't want to freak out and tell every body he knows and call him incessantly, and text him every hour, but if he's going to steal from you and compromise your future, you'll bring him down with you.


  • Closed Accounts Posts: 556 ✭✭✭JimmySmith


    Does he have any illegal software installed on the computers in his offices?
    There's a reward for that :)


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    Just take the site down. Replace it with a scan of an 'overdue' invoice from you, to him.

    Job done.


  • Closed Accounts Posts: 751 ✭✭✭SeanPuddin


    I know its tempting to call in the heavies, but it really isn't worth it and more likely he'll get someone to break your legs back!

    Hound him everyday, send letters clearly stating that he has 1 calender month to pay up, after this you'll start charging interest. worked for me once and the guy paid within a week!

    Also a bit of publicity works a treat, if he's a business treaten him with the local newspaper, the last thing he wants is his name and business publicised.

    Hope it all goes well...


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    there is no proof you were doing a job for him.
    people in an office dont count.

    was this a nixer?

    you have just learned that in future, you will get a contract for your work, or you wont do the work.

    really, its that simple.

    This is inaccurate advice.

    A verbal contract is a valid contract, a court will not assume that the poster intended to act for free it must have been intended that some consideration would be involved.

    The standard of proof in civil cases is the 'balance of probability'. it is Not 'beyond a reasonable doubt'.


  • Registered Users, Registered Users 2 Posts: 4,889 ✭✭✭Third_Echelon


    I used to run a website company and when people didn't pay as in the manner you have explained, i.e. putting it off for weeks, I simply removed their homepage and replaced it with a "ACCOUNT DISABLED DUE TO NON-PAYMENT"....

    Cheques always promptly arrived the next day. If they have customers that view their site, they dont want them to think they are having cash flow issues. Embarass them into payment.....

    Worked every time for me anyway. Hope it works out for you!!!


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