Customer Won't Pay

Right Turn Clyde

Hi. I'm trying to help a builder friend of mine. He asked me because I studied law, but naturally enough I haven't a clue. :-)

He done some building work worth €15k. The customer won't pay. I'm not sure why. Perhaps he has some grievance. But to keep it simple let's just assume he's pulling a fast one. Is there any come back?

There's no written contract, but if my memory serves me correct it should still be a valid contract. Or have I got that wrong?

He has receipts for all of the materials used, which may or may not be relevent.

Finally (and this is a big one), it was cash in hand.

I told him to see a solicitor, but I'm just wondering if he's wasting his time.

seamus

You don't need a written contract for a contract to exist. Work has been done, a debt is owed to the builder. He should most definitely contact a solicitor.

preytec

Yeah just tell him to get a detailed invoice with everything on it and at the end make sure it has "failure to pay within 28 days can result in prosecution". Try and get photos of the work and any delivery documents that have the clients details on them.also I'd go to the free legal aid services for advice. But he needs to get a paper trail before he files in court. Once he has that. He should be able to get moving on it.with a bit of luck the non payer won't reply to the invoice and thereby agreeing with it

BornToKill

Who is being prosecuted? And by whom?

Bepolite

€15K is a big enough sum to do this properly. While I seem to be upsetting people with my abrasiveness recently I will proffer that not doing things properly has already cost him €15k. Perhaps time to learn from one's mistakes.

Right Turn Clyde

Bepolite wrote: »

€15K is a big enough sum to do this properly. While I seem to be upsetting people with my abrasiveness recently I will proffer that not doing things properly has already cost him €15k. Perhaps time to learn from one's mistakes.

That's fair comment. But what do you mean about doing it properly? Do you mean he should just contact his solicitor. Don't bother messing around with this guy?

Bepolite

Right Turn Clyde wrote: »

That's fair comment. But what do you mean about doing it properly? Do you mean he should just contact his solicitor. Don't bother messing around with this guy?

In all honesty yes. Obviously he can use his business skills and yours to negotiate but, and I'm not suggesting you would, don't start sending faux legal letters, you know yourself these will be laughed at and weaken his position.

Right Turn Clyde

Bepolite wrote: »

In all honesty yes. Obviously he can use his business skills and yours to negotiate but, and I'm not suggesting you would, don't start sending faux legal letters, you know yourself these will be laughed at and weaken his position.

No, I wouldn't do anything like that. I'll just tell him to gather up any material he has in relation to the work, i.e. receipts, plans, delivery slips, etc. Then I'll tell him to contact a solicitor.

Would it help to draw up an invoice and send it to the customer, with perhaps a gentle warning (if there is such a thing :P) that if the money isn't paid then there's no option left but to initiate proceedings?

ABajaninCork

The builder did the job cash in hand???

Before getting legal with the client, I'd tell your mate to make sure his tax affairs are in order! Cover his back so's to speak, so that the client can't blackmail him with the taxman.

And I'd start by presenting the client with an invoice for the work done and telling him he has to pay within xx days, before further action is taken.