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I am having problems getting my goods back from customer
OK guys and gals, I may need some help from you all. This one gets complicated.
I done an engraving job for a customer that had to fit into an engraved hole in fire doors they manufacture. The customer changed the shape from a circle to an oval so I supplied a vector of my oval for their machinist. As the customer was in a hurry for them I asked for them to produce a sample so I could make sure my ovals fitted ok. This they duly produced.
When I started the job I found that they would not fit the oval sample supplied so I reduced the oval by .5mm, this made them fit without being tight with a weeny bit of play. Job completed and sent.
Now this is where my problems really started. The customer emails me with photos of my ovals not fitting his hole. They looked like a good 2mm to small and the customer blamed me for making them too small and demanded a new batch. I told him that they fitted my sample fine with very little play, and nothing like the pictures he sent me. He demanded that I make a new batch at the original measurements. I insisted that they would not fit my sample they supplied at the original size and told him that I would only do them at that size if a representative of the company came to my workshop to see that they would not fit my sample before I done them. This was done and a local guy called in and agreed that they wouldn’t fit and that my batch I had already produced fitted my sample fine.
I duly done the job again and sent it off. I heard nothing from them again until I started sending them reminders for late payment. (6 months)
Long story short I had to threaten them with court action before they eventually paid up.Now here again I find myself at the sh1t end of the stick.
They still have my first batch of ovals, and no amount of emails have resulted in any replies, despite asking for either payment or the goods to be returned. It had been promised previously that they would use the wrong ovals on another job. (the original doors had already be processed before my ovals reached them so they had to have the new batch.) Now according to their order books they have ordered and received the goods, but my original job has disapeared off their files so technically they can say they don’t have them as I have no official order for them.If you are still with me and not fallen asleep thanks as this is where you may be of help.
As the job has no official order I cannot sue for non payment of goods as there is no order for it. So can I try and have him for theft of goods??? The amount owed is for £300 so maybe not a lot to most but to a one man band like me it is a lot, and there is a principal at stake here.
What can/should I do? I know there will be the "write it off to experiance" brigade out there but why should I loose out. Unfortunately they are a few hundred miles from me so I can’t just go knocking on their door.
I have recently threatened "Action" and that deadline was up at the end of July.(chat.) (:) (hot)
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9 Replies
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Do you have a delivery note?
This way you can prove they have received the goods.
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Mike
A verbal order is legally binding, whether you have it in writing or not.Difficult one I know and to be honest I would be in the "write it off brigade" but I know how you feel.
Good luck though!!
Cheers
Gary
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I have sent them recorded delivery so there is proof there and I have all the emails one of which states that they will use the rejected ones.
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My old man had a similar situation… they e-mailed saying he could go and collect the 50k leaflets and weigh in the paper, that’s admission they have them.
Speak to a *proper* solicitor, you have their sample you manufactured them too, and their e-mails I’d imagine you’d have a good argument.
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quote Mike Grant:I have sent them recorded delivery so there is proof there and I have all the emails one of which states that they will use the rejected ones.I’d say plenty of proof there – send him copies of the proof and your intention to sue again on that basis. 48 hours to clear the debt!
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I would have to agree with Neil & David, plenty of proof. Think there are a lot of people on the forum who would agree that it’s a lot of money to lose Mike. Plus it’s also the principal as you have already said.
I can’t understand customers like this, OK so they may have got some free discs but they won’t last long for a company like that & now they will have to find another supplier they can trust which can be a complete headache.
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Go get em Mike – I agree with the above you have enough evidence IMHO
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Submit a Small Claims action online. It will only cost you around £30 if you lose (customer pays if you win) but with the evidence you have to prove that they acknowledge receipt of the goods, I doubt you would.
Procedure would be
Send them a recorded letter with copies of documents and correspondence.
Enclose an invoice for supplied goods.
Request either payment or return of goods within 10 days.
State that proceedings will be taken if payment or goods are not received after that time, with no further notice of action.After 12 days issue an online claim here: https://www.moneyclaim.gov.uk/web/mcol/welcome
It’s all handled at Northampton Court.Don’t go overboard when detailing the claim just state the facts:
Supplied goods
Goods described as incorrect size but customer would use them on another job.
Payment requested or goods to be returned.
Further requests/statements sent (dates).
No response from customer.
Recorded letter sent advising legal action if no compliance with request within 10 days.If they ignore this legal action they will get a CCJ against them. Then it’s up to you if you pursue them for the money.
I would have some satisfaction in getting the CCJ if nothing else but then I’m a vindictive git when it comes to customers like this.
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Thanks all and Peter I will be following your info.
Watch this space……
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