<SNIP> Restaurant - <SNIP> - Cheque Bounce - Very dishonest

IrishIndian

Dear Forum users,

I am looking for some genuine advise on my problem for which I have no solution as yet.

I am a well respected DJ and was booked to perform for <SNIP> restaurant <SNIP> with an agreed price for the launch night on 22/2.

I performed there with my sound engineer and at the end of our performance and packup , asked for the fees and the guy kept dodging away with no respect at all. Anyway, he gave me a squashed cheque for 50 euro less than the agreed price.

I was very unhappy and thought that was the end of it. I deposited the cheque on 23/2 and the money was there in my account till Friday 25/2 , but then the money was taken away from my account on Monday 28/2 and the bank said that the cheque bounced.

I felt like someone gave you the money and then snatched it from you after few days....!

I called the guy and he said that he saw the cheque bounce and didn't give me a reason and promised to pay the next day and I gave him my bank details to do a bank transfer instead.

After this, following a series of calls and texts , none of the calls were answered, he changed his phone as well. But then I called his restaurant and he promised to pay the next day and this went on for several days.

I went to his restaurant and he was telling me all stories and promised to pay on a Friday . I haven't got any money from him.

I went Garda and they said they won't deal with this and asked to contact a solicitor. I checked with a Solicitor and he advised me to submit a consumer claim as the amount in question is small.

I submitted the claim but was rejected as its personal debt. It looks like I need to file a case in civil court and that will cost me more than the money in question.

I am stuck with this first time bad experience and looking for advise from the forum.

Regards,

wyndham

I would be either sitting in the restaurant or standing outside it telling potential diners the story and recommending they go elsewhere until I got paid in cash. I'd say they'll cough up soon enough.

bigjohnny80

Stand outside with a placard

dudara

Unfortunately, this is not a Consumer Issue, as you were not a consumer.

Moved to Entrprenurial & Business Management

dudara

EIREHotspur

I'd send him a letter saying it is your intention to picket his premises until he pays you.

People like this guy sicken me.

Atlantic Dawn

EIREHotspur wrote: »

I'd send him a letter saying it is your intention to picket his premises until he pays you.

People like this guy sicken me.

Yes turn up there on saturday night with your placard and hand out leaflets to customers coming through his door. You will find the money will come without asking for it

eilo1

Threaten to get onto Joe Duffy and as other posters have said stand outside his restaurant on Friday and Saturday nights with a placard and don't leave until he pays you in cash.

This kind of thing really upsets me! :mad:

Could you take him to small claims court? It isnt expensive and they can issue the sheriff to collect on your behalf.

Also would you please pm me the name of the place Iv had some trouble with a new restaurant and would be curious to see if its the same place.

whippet

looks like it is time to treat your missus to a massive slap up meal with your choice from the wine cellar .... a couple of XO brandy's to wash it all down with and if they have a cigar menu .. one of Fidel's finest.

When you get the bill ... using a big black marker, make sure you write down the total due (plus a generous tip) on the napkin and hand it personally to the owner.

Unfortunately there is shag all small businesses can do when ripped off by a customer .. but I would advocate getting one back.

The guy would probably recognise you coming in, so maybe have you mate treat someone and you walk in at the end of the meal to settle the debt.

Admor Tony

whippet wrote: »

looks like it is time to treat your missus to a massive slap up meal with your choice from the wine cellar .... a couple of XO brandy's to wash it all down with and if they have a cigar menu .. one of Fidel's finest.

When you get the bill ... using a big black marker, make sure you write down the total due (plus a generous tip) on the napkin and hand it personally to the owner.

Unfortunately there is shag all small businesses can do when ripped off by a customer .. but I would advocate getting one back.

The guy would probably recognise you coming in, so maybe have you mate treat someone and you walk in at the end of the meal to settle the debt.

Heard a bunch of builders did this very successfully in a restaurant owned by a guy who owed them money. Also heard of a website designer pullling the plug on a restaurant that had not paid them. He paid them as he was losing money on online take away orders at Christmas.

The alternative is Small Claims, which is usually successful at establishing the debt but enforcement is a different matter and much more difficult.

whippet

Admor Tony wrote: »

.

The alternative is Small Claims, which is usually successful at establishing the debt but enforcement is a different matter and much more difficult.

the SCC isn't an option here as he isn't a consumer.

biko

Do what Blue Bros did Well, maybe not but having a massive meal free with plenty of drinks/champagne would at least be a good story to tell your mates.

https://www.youtube.com/watch?v=mvZgwtpPmLY

poisonated

I know one guy who supplies to restaurants. One guy who owns a fancy restauunt in town owed him loads of money. One evening he took a few people to the restaurant and orderd loads of food. When the bill came he just walked out and told the owner that they were even.

Admor Tony

whippet wrote: »

the SCC isn't an option here as he isn't a consumer.

Apologies, I didn't check the jurisdiction. Businesses can use the Small Claims process in NI.

busman

whippet wrote: »

the SCC isn't an option here as he isn't a consumer.

Sorry but this has changed :

"With effect from 11 January 2010, the District Court Small Claims Procedure was extended to cover claims by one business against another by Statutory Instrument No. 519 of 2009"

http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

I think you should go this route first.
While the idea of getting even with not paying for a meal might be morally tempting it might not be the best way to go legally.

EDIT: Just noticed that you can't sue for debt! So I guess the meal option is looking stronger ;-)

blue4ever

Get a load of 'sims' and start making bookings for 2 or four people starting this Saturday. Tell him this is only the start of it.

EIREHotspur

whippet wrote: »

looks like it is time to treat your missus to a massive slap up meal with your choice from the wine cellar .... a couple of XO brandy's to wash it all down with and if they have a cigar menu .. one of Fidel's finest.

When you get the bill ... using a big black marker, make sure you write down the total due (plus a generous tip) on the napkin and hand it personally to the owner.

Unfortunately there is shag all small businesses can do when ripped off by a customer .. but I would advocate getting one back.

The guy would probably recognise you coming in, so maybe have you mate treat someone and you walk in at the end of the meal to settle the debt.

poisonated wrote: »

I know one guy who supplies to restaurants. One guy who owns a fancy restauunt in town owed him loads of money. One evening he took a few people to the restaurant and orderd loads of food. When the bill came he just walked out and told the owner that they were even.

Brilliant stories.....now thats what I call JUSTICE....gotta love it!!

RUDOLF289

Hi Guys,

on a slightly bigger scale, have a look at the following blog post.http://gregcfuzion.wordpress.com/2010/04/10/credit-control-warrior/
It may be borderline in terms of naming and shaming the so and so concerned who cheats people for sport. But there may be some food for thought on how to deal with serial offenders.

Hi IrishIndian,

There are already some suggestions as to how to deal with the so and so that stuck you with a cheque of distinct rubber quality (as Arthur Daly says).

I personally would go for the option to treat your partner and the sound engineer and his partner (and whatever number of people you reckon are required to even the score) to a slap up meal and settle the matter that way.

Make sure you bring all the correspondence with you (including the bounced cheque), just in case he rings the Gardai. In my view the Gards will not get involved if they see there is a genuine dispute and happily leave it to be sorted between you. If possible bring a few "serious" guys with you. They don't have to be violent, just look as if they could be (if you get my drift)

Best of luck

Rudolf289

Tombones

Name and Shame the C_UNTING restaurant again there please, the administrators have blocked the name.

RUDOLF289

Tombones wrote: »

Name and Shame the C_UNTING restaurant again there please, the administrators have blocked the name.

Apart from the language (tut tut tut) the problem is the libel laws in this country. I am sure the moderators on Boards.ie have to protect this forum from any libel action as a result of naming and shaming any companies or individuals.

Don't get me wrong, I don't doubt the veracity of the allegation by IrishIndian, but Boards.ie would leave themselves open to a lawsuit. Have a look at the blog link that I posted. The individual concerned is not named anywhere, but there is absolutely no doubt as to who is giving creditors the run around (also known as the "two fingers" or maybe just the middle one)

Regards,
Rudolf289

If you have a sound rig why not set up outside or on the back of a truck to scare away potential customers?

eilo1

Hey just thinking if you are going down the "have a free meal" route, Ill come to bump up the price!! :D

EIREHotspur

Hell....if they do deliveries we can all order something

infamous

Ray Sha?

IrishIndian

Thank you so much for all your replies. I was a little worried after submitting this thread that I got only one response. Due to some reason, I didn't get all the updates from all the people here.

I personally don't want to go there to dine after this experience as I don't feel good about it.

I would like to thank the moderators for removing the name of the restaurant , again please accept my apologies.

Small courts claims was rejected as it was a personal debt. My solicitor says that I can file a case myself in district court, if I have the time.

I don't really have the time and also money. Apparently, I may end up spending more money than recovering.

So, just an advise to everyone is, although we are living in a developed country. It has become developed purely by people who are genuinely good,if someone is bad, there are no sufficient laws to cover it.

Never accept a cheque from anyone you know or don't know. But then if you are an artist what will you do if you are paid with a cheque at the end of your performance and dragged forever. I have been paid with cheque and had no problems also.

** So may be don't perform for people you don't know. **

Coriolanus

IrishIndian wrote: »

Never accept a cheque from anyone you know or don't know. But then if you are an artist what will you do if you are paid with a cheque at the end of your performance and dragged forever. I have been paid with cheque and had no problems also.

** So may be don't perform for people you don't know. **

Lesson learned I guess. I can count the people I accept cheques off on one hand. It's just not worth the hassle when it bounces, even if it wasn't maliciously calculated it's still an ordeal.
You're well within your rights to demand cash and demand cash there and then. A friend of mine who does a bit of a one man band thing has sat down and refused to budge until he got cash, since it's usually a pub, there's plenty of liquid cash knocking around at the end of a session.
Then again, he's a "serious" fella, so it's rarely a problem.