Micro Company Dispute with Customer

Inch25

Registered User
Messages
6
Hi I am running a Micro Business. I am printing on Hi Vis Garments for trades men, builders etc. I am in rural Ireland and 25 years in Business never had a problem wit Customers. Unfortunally I ran in a so called nasty person. A small Gardening and cleaning Service. I did a few jobs for this person in the past no issues but the last job I did the person asked if he could pay with cheque (it was usually cash). I took the queque he took the goods. A day later he emaild me not to cash the cheque untill next Friday. (problems with bank he said) On Monday he wrote not to cash Cheque until Wednesday. So I lodged the cheque for payment in my bank on that day.
3 days letter the cheque came back unpaid and a penalty of Euro 10 for me. I confronted the person and he said he will get it sorted. After long discussion via mail, he said the prints were faulty. The print was ( Name) Cleaning and Gardening Service - but he now says his company name is : ( Name) Cleaning and Gardening Services. So an S was apparently missing
Looking at his web site and Business card this seems correct, but like I mentioned earlier this is not the first job I did with this spelling.
He now wants me to take back the Hi Vis he has not used and pay less for the Garments he has used.
Personally I just want to get rid of this person, on the other hand I find it so cheaky . I would rather take everything back and not deal with him again, it is really annoying.
We are talking about a rough value of Euro 250 . Any recommendations?
 
Tell him to pay you in full.

Don't take the "deal"; he's chancing his arm.

And he'll tell everyone what a great wheeler-dealer he is if he stiffs you.

Can you use small claims procedure as a sole trader?
If you can, start a case it only costs €25.

Otherwise write it off.

And lesson learned: get 50% deposit, balance on delivery, payment by bank transfer or card.
 
While I agree it is cheeky and annoying and as you said you have no intention of dealing with him again, I'd take a verbal agreement and whatever he offers in cash. Then simply don't deal with him again. It's a write off but at least you got something.
 
For all new customers get them to write down what they want to avoid these issues in future. I would take back all the goods from him if you can, otherwise he gets free stuff.
 
Hi thank you for your answers!
My tendency at the moment is to offer to take back all the goods. If he wants to keep anything I would ask for the full amount and if he does not pay I try small claims procedure.
 
+1 to Clamball's great advice above. There's a reason that all large printing services insist on this, and that is so they are protected from typos!

If he wants to keep anything I would ask for the full amount and if he does not pay I try small claims procedure.


Good call on the first part, but I don't believe the Small Claims Court deals with business debts.
 
While it's annoying, is it worth your time and energy? As per above I'd write it off and move on
 
Hi again thanks for the input.

For now ! Cus has agreed to return garments. It is not very satisfactorty but at least the Cus. will not use the garments. i have sent the following mail to the Cus. Still I will be satisfied once I have all the Gaments back even at a loss.


I am referring to my Invoice xxxx from 3.10.20

please read this e-mail carefully to avoid any misunderstandings.
I will use this e-mail as evidence just in case this issue will go to court.

You received your goods on the 3.10.20 which comprise of
4 Bomber Jackets printed back
2 Hi Vis T shirts printed on back
2 normal t shirts printed on back
2 unprinted over trousers
1 complimentary printed baseball cap.

Total was 278 ex vat


You asked if you could pay with cheque which I agreed to.
Two days later you asked not to cash the cheque before Friday as you had problems
with the bank. Another 2 days letter you asked not to cash the cheque before Wednesday
which I agreed to.

I put the cheque through my bank on that particular Wednesday and the cheque bounced
on Monday 19.10.20. with a penalty payment of euro 10.00

When I asked you about that you first said you would sort it.

You later changed your mind and alleged that the prints were faulty.
The prints read NAME Cleaning and Gardening Service
instead of NAME Cleaning and Gardening Services .
Which in my view is minor and will not stand before court.

You had already started to wear the garments.
You asked for a 50% price reduction for the garments you wanted to keep.


As a gesture of good will, I will take back all of the goods. Which means you hand back everything used or unused and we are even.

Unfortunately I can not give you any price reduction on the items you wish to keep. Whatever you want to keep you will
have to pay the price agreed inclusive VAT.

I hope this helps
 
Inch25, I'd go with something like;

I am referring to my Invoice xxxx from 3.10.20

Please read this e-mail carefully to avoid any misunderstandings.
This email will be held on file and may be used in evidence in the event that a legal recourse is required for this matter.

You received the goods you purchased from me on the 3.10.20 which comprise of:
  • 4 Bomber Jackets printed back
  • 2 Hi Vis T shirts printed on back
  • 2 normal t shirts printed on back
  • 2 unprinted over trousers
  • 1 complimentary printed baseball cap.

The total invoice value was 278 ex vat


You requested that you could make payment by cheque. I agreed to this.
Two days later you asked not to cash the cheque before Friday as you had problems
with the bank.
Another 2 days letter you asked not to cash the cheque before Wednesday to which I also agreed.

I put the cheque through my bank on that particular Wednesday (put the actual date in here).
On Monday 19.10.20. the cheque failed to clear and I received a penalty payment of euro 10.00 from my bank due to that failure.

When I asked you about that you first said you would sort it out.

You later changed your mind and alleged that the prints were faulty.
The prints read NAME Cleaning and Gardening Service
instead of NAME Cleaning and Gardening Services .
Which in my view is minor and will not stand before court. (Speculative, I'd leave that out)
What about:

As you did not raise any concerns about the quality of the goods I supplied until your cash flow/payment issues became apparent it is reasonable to conclude that you were in fact happy with the goods at the time but are now looking for reasons not to honour the agreement you entered into.

You had already started to wear the garments.
You asked for a 50% price reduction for the garments you wanted to keep.


As a gesture of good will, I will take back all of the goods.

I can not give you any price reduction on the items you wish to keep.
If you do wish to keep any of the goods you will have to pay the full price agreed inclusive VAT.

Kind regards (or whatever),

XXXX
 
The fact they they accepted and paid for previous orders using the same name really shows the typo is small. And also means the typo can't reasonably be just your fault. They effectively had samples.

But once it has been noticed it may irk them every day in the future.

I'd probably offer to let him keep all at 10p.c. reduction, but I'd look for the ten euro penalty bank fee too.

Anyone can make a mistake, any small business can run into a small cash flow squeeze.
 
Another question, I am now doubtful about this Customers Integrity, although I have one email sentence quoting:
That ok u can have them all back
I asked when and how he wants to return the goods and made two suggestions via email but have heard nothing back so far.
So can or should I give a time frame?
 
I dont get why your even asking this question.

This person has acquired your goods without paying!!

You asked the question on Wednesday, if you still don`t have possession of either the payment, or the goods, I would like to place an order for my lads at Kerb avenue motors, or is that kerb avenue motor. The correct name will become evident when I get the goods.

You need to drive there now, and recover all or nothing. Don`t,be a mug in this,

Btw have you checked their website for the correct spelling?
 
hello LS 400. After reading your post I have increased the pressure and the Cus
made arrangements to drop the goods back. Thank you.
Ps the spelling on the website is indeed xxxxx'x Garden and Cleaning Services, but on is FB page he uses a photo of one of my previous jobs I did f (a Correx Sign) with xxxxx'x Garden and Cleaning Service.
But anyway thanks again everybody and I hope I can close this now.
 
I would send a letter before action giving 7 days to pay before escalating to legal action. If he ignores it, I would let it go. I am 18 months trying to get a commercial debt for 10k paid. Because of the amount, I’m determined to pursue it. But due to COVID, the District Court is only hearing urgent cases, and I expect several more months before I even get a hearing.
 
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