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[horsecow]

Got a call 3 weeks ago today from a guy who was looking someone to erect timber frame houses. Another erector had started the site but had to leave due to other work commitments, or so I was told. Done some digging and found out the contractor was sometimes hard to get money off so I told him I could only go if I got paid at end of each week. He agreed to this so myself and another guy started that Monday. End of first week he came and asked how much if £500 was ok that week and the total would be squared up at end of following week when he got paid from the main contractor. I said this was fine (I was really only looking for a sign of good faith at that stage).
End of second week (last friday) I sent an email saying that I was owed £1990 and could he transfer it to my account pls. Got a call saying that the girl in office was off sick and he didn't know how to do a transfer but he would be on site on Monday to sort it all out with me. He arrived on site Monday evening at 5pm and agreed the amounts I was to be paid then told me he could only give me £400 which would be in my account the following day and the rest would be paid on thursday!!! At this stage the alarm bells were ringing so I agreed that would be okay but planning to leave as soon as I got the money on thursday. Thankfully got rained off on tuesday and money never came through, checked the bank on wednesday and still no money so told him I wasn't going back to site until the money appeared (he kept promising it the next day)! He sent me an email back on wednesday night saying that he had got someone else and I was no longer required but that I would get paid what I was owed. I know the main contractor are looking rid of him as he is just too much hassle and full of bullshit really and this is now the 2nd time in 2 months this has happened.

No money through yet so I sent an email saying this morning if the money wasn't in my account by close of play today I would be standing outside the site from Monday morning with a huge sign stating ''I haven't been paid for working here. £1990 owed!

What else can I do guys? I know I took a bit of a gamble in taking the job on but I still want what I'm owed. I could go to the small claims court I guess but that costs more money! Any ideas are welcome, preferably legal ones at this stage!

[Marks DTM Calib]

Issue a formal written invoice with a specified payment period (7 or 14 days).

Small claims court is cheap enough.

[horsecow]

Already done that Mark and it has been ignored! I'm still hoping that the threat of standing outside the site with a sign will be enough to persuade him it would be easier just to pay. Have forwarded the email to main contractor now as well so they can put pressure on him also, they have already threatened to kick him off the job

[razzo]

could get a picture of you & some other bods outside the site & threaten to publish it in the local rag

[horsecow]

I fully intend to go to the site an d stand outside with my sign for as long as it takes. Even if it doesn't get me my money it will ensure he gets kicked off the site and he stands to lose more than me!

Will I be doing anything illegal by protesting outside the site on a public footpath?

[Marks DTM Calib]

Already done that Mark and it has been ignored! I'm still hoping that the threat of standing outside the site with a sign will be enough to persuade him it would be easier just to pay. Have forwarded the email to main contractor now as well so they can put pressure on him also, they have already threatened to kick him off the job

Very good, what were the payment terms in the invoice and have they expired?

[tigers_gonads]

Offer to take him to the bank in the back of your van.

Make sure there is these items in the back at the time.

1 x roll of polythene sheeting
1 x can of 50 /50 petrol / water
1 x spade
1 x large hammer

and the "pies de restitence"

1 x bag of lime 

And don't forget to say please 

[horsecow]

Already done that Mark and it has been ignored! I'm still hoping that the threat of standing outside the site with a sign will be enough to persuade him it would be easier just to pay. Have forwarded the email to main contractor now as well so they can put pressure on him also, they have already threatened to kick him off the job

Very good, what were the payment terms in the invoice and have they expired?

On monday 1/7/13 he agreed to pay £425 on tuesday 2/7/13 and the outstanding amount on 4/7/13 and asked me to send through invoices with those amounts and dates which I have done and stated on them when they were to be paid, but still not received anything.

Nice idea TG but its early days yet for that, will keep that one on the long finger for now though!! 

[bored bigyin54]

I fully intend to go to the site an d stand outside with my sign for as long as it takes. Even if it doesn't get me my money it will ensure he gets kicked off the site and he stands to lose more than me!

Will I be doing anything illegal by protesting outside the site on a public footpath?

no you wont . 

[horsecow]

cheers bigyin, thats what I thought originally but just thought I'd ask. Can't remember where but I've seen someone in a similar situation park there van across the offenders drive way and paint on it that he hadn't been paid and the amount owed!!

[jonathanh]

seriously, follow mark's advice.  Do not threaten, do not be impolite but pursue the matter in the small claims court

Broadly, issue the invoice setting payment terms

chase, invoice

issue final warning ( letter of credit I believe)

issue small claims online ( search for money claim online)

he'll probably pay when that hits his mat but if not then keep ALL communication including notes of meetings and conversations and pursue it

[bored bigyin54]

cheers bigyin, thats what I thought originally but just thought I'd ask. Can't remember where but I've seen someone in a similar situation park there van across the offenders drive way and paint on it that he hadn't been paid and the amount owed!!

friend of mine parked a frontera in front of a car dealer were  he got it from because it was faulty . the car dealer told him to move because he had a sign in the back telling peoble not to buy from him . the dealer phoned the police . they told him he didn't break the law . they made him take the car back as it was un road  worthy .so you wont break the law 

[horsecow]

cheers guys.

I'm wondering now what the law is regarding me taking the houses apart again. They are social houses being built by a firm called Geda (main contractor). The timber kits are being supplied by QTF (the firm I was working for). Until paid for the kits belong to QTF but all the nails and fixings were supplied by me so am I right in thinking that I can legally take all the fixings back? Which would leave the houses like a deck of cards!!

[Rods2]

cheers guys.

I'm wondering now what the law is regarding me taking the houses apart again. They are social houses being built by a firm called Geda (main contractor). The timber kits are being supplied by QTF (the firm I was working for). Until paid for the kits belong to QTF but all the nails and fixings were supplied by me so am I right in thinking that I can legally take all the fixings back? Which would leave the houses like a deck of cards!!

To be on a firm footing I think you would have had to supply a copy of your terms and conditions, stating that the title of any supplied materials would only pass to them once you had been paid in full.

It is something I always have in my T&Cs so if a company goes bust you can reclaim any unpaid for goods rather than a receiver claiming title on behalf of the company.

[horsecow]

Thats pretty much what I thought myself rods, ta for the advice anyway and hopefully I wont have to go as far as that. Got a txt through this evening from him and he said I will have a payment on Monday but I ain't holding my breath!!