Client refusing to pay - advice needed!

[Beautie]

Cut a long story short, I had a very strange lady a week last Friday night come for nails. She then wanted to come back after my next client for waxing. I was there till 9.30 on a Friday night waxing more or less every body part! When it came to payment She wrote a cheque out for me. When I asked her for her card to write details on the back she said her bank didnt do it like that anymore and that I didn't need it-which I thought was strange but what can you Say... Few days later cheque was sent back to me with the reason 'payment stopped'. She had stopped this herself, upon conforming with the bank. I called her and as soon as I said who I was she put the phone down. Tried calling again and sent a nice text. No reply. Reported her to the police but sounded doubtful they would be helping me!
Do I turn up at her house? Do I write a letter first, if so, saying what? If she refuses or closes door on me, what's the next step I can take? Small claims court, but how much are fees?! Within the past few months something similar has happened with my ex flat mates so I am not prepared for this to happen again!! Please help :-( x

 

[Rachul123]

Cut a long story short, I had a very strange lady a week last Friday night come for nails. She then wanted to come back after my next client for waxing. I was there till 9.30 on a Friday night waxing more or less every body part! When it came to payment She wrote a cheque out for me. When I asked her for her card to write details on the back she said her bank didnt do it like that anymore and that I didn't need it-which I thought was strange but what can you Say... Few days later cheque was sent back to me with the reason 'payment stopped'. She had stopped this herself, upon conforming with the bank. I called her and as soon as I said who I was she put the phone down. Tried calling again and sent a nice text. No reply. Reported her to the police but sounded doubtful they would be helping me!
Do I turn up at her house? Do I write a letter first, if so, saying what? If she refuses or closes door on me, what's the next step I can take? Small claims court, but how much are fees?! Within the past few months something similar has happened with my ex flat mates so I am not prepared for this to happen again!! Please help :-( x

No way that is shocking! Id ring citizens advice first thing tomorrow and find out whats the best route to take! Probably a letter advising her u have sought legal advice and if payment is not made before a certain date you will be taking legal action. Did the police not offer any advice even!? X

 

[Tomme]

Call the police again and make sure you point out that its theft.
Read your bank notes, they state "I promise to pay the barer the sum of £x" you are the barer of services, and she has not paid you.
You can try calling again, assume she dropped the phone or something. If you get no joy, send a polite letter saying that the lines must have been bad and you are informing her that the cheque bounced and would appreciate a call within 7 days to sort out payment for her service. After the week send another letter saying you have not relieved payment, and as it is legally classed as theft (search google for the sale of goods and services act on payment for services), you will class it as such at the end of 14 days. At the end of day 14 call her up, leave a voice mail if needed, again polite saying you will be informing the police about the theft and then do it. You want to claim civil recovery for the theft.
You may only get peanuts a month, a store my oh works for is getting £4 a month until the total value of the theft is paid back, which is £500and something, but at the end of the day the person is still paying it back, and if they are struggling, its not your problem.

I'm considering a no cheques policy more as more lately, but would be better if I had a card machine. Xoxo

 

[Beautie]

Thanks guys. Citizens advice was no help at all, as was my/her bank. I called her a few times after she put phone down on me and she was cancelling it every time. The salon owner has messaged her too a guilt message and still no reply! The funny thing is though, I do take card and I said at the time instead of cheque we do take card and she said no shed pay by cheque. I knew at the time it wasn't right. Got straight home and said to my family she didn't seem right and that i thought the cheque wouldn't go through! Before she came in the salon someone was having a go at her calling her nuts down the phone...later she told me it was to do with a DIY man not fixing her fence properly so she refused to pay. I think she'd done the same to him! X

 

[BannerPenguin]

Unfortunately, regrettfully you may just need to chalk up to experience. I know it's not right but the bank won't help and technically not theft. Could persue it as making off without payment which is an offence and you would need all her details address etc.

Think should maybe put up a little sign saying you don't accept cheques and if someone then tries to pay with that on display politely refuse and seek alternative payment method. Like you say you knew she was dodgy. Shame there's too many people like this out there these days.

 

[hazelb]

It sound like she does this regularly!

So first...Write recounting history factually:
Cheque was stopped by her with no explanation.
Several attemps have been made by both you and the salon owner to contact her to arrange alternative payment arrangements but she has not responded.

Say she has 14 days to pay ( generous ) or you will purse through the small claims court.

..no messing.... I bet she does this as a regular thing and just accepts the occasional threat of legal action as a result of getting loads of stuff for free.

For the court stuff. I think it is fairly straight forward, you can fill the forms in on-line. I think it costs about £150 to do...but she has to pay those costs if judgement goes against her ( it will ) .

I think there is even an option of starting proceedings, sending her copies of the forms and they automatically start going through the process after a set time period unless you cancel.

It is very simple to do. I bet she will settle before.

 

[AmberExt]

Its £25 search mcol, you do need a letter before action, google it or go to citizens advice for a copy,

Your costs are added to her bill, but you pay first. Do read up you may have more costs for enforcement or not think it worth throwing good money after bad, only you know if you wish to pursue it.

Do you have a community officer/special constable? They maybe more willing to pop round to speak to her first.

Sent from my GT-P3110 using SalonGeek

 

[tanfastic]

Who are you insured with? If it is the Guild call the free legal helpline, they are fabulous and will advise you on the best course of action.

I would write to the client telling her that as she has refused to take any of your calls you are now forced to take legal procedings as she has stopped payment on a cheque without offering any reason ( if you paid for something and wanted a refund for instance the supplier would have had the opportunity to rectify whatever you were unhappy about, she has not given you that opportunity) If you have no response from her within XX days court procedings will be put in motion. Hopefully she will reply or pay up.

I seriously doubt that you will see any money from her unless you are prepared to go to small claims court. Your costs will be re-imbursed but as Tomme said, she might end up paying £1 a month and if she stops paying it costs to get the court order enforced. Big hassles. Also all the months she pays that £1 she will be fuming at the fact that she did not get away with robbing you. You need to decide which course of action you feel is best.

I would drag her to court and enjoy my £1 a month if that is all I am awarded. LOL

Good luck and look at it as another lesson learned

 

[Mobile Manicure]

Are you sure you know where she lives? She probably gave a false address. But then again I suppose she could be traced via her bank account on her cheque, that's even if it was HER cheque book.

Things like this wind me up no end. I wouldn't let it go. I really hope you get it sorted. Sorry I'm no help.

 

[Beautie]

Luckily I saw what car she had as she left so I went to the address she gave me to check if it was correct. The same car was parked on the drive (would have thought she'd be smart enough to give me a fake one!). I didn't knock on her door though. I'm now writing her a letter saying she has 7 days to respond until I take legal proceedings.
Thank you for all your advice. I will let you know how I get on! X

 

[tjmadmum]

I agree with other posts, I would definitely pursue this Hun. It does sound likes she's done it before and she should not be allowed to do this. You worked hard for this money, you deserve to be paid. I know it may cost you to go to small claims but as said earlier you wi get it back and might make her stop and think before doing this again to someone else. Xx

 

[Lauren2501]

I know you are in England and that there are differences in the Law. In Scotland this is nothing to do with the Police. She has to be notified that you are taking legal action against her so I would write her a letter reiterating all that has happened. Also state that you are taking legal action against her for recovery of the amount due and you will also apply to the court for ALL your expenses within 7 days from the date of your letter without any further correspondence. Go to your local court and ask for the forms to raise a small claim. Yes there are fees but she is liable for them all and the court will grant you these when it's called. It is a bit of grief but why should you work for nothing? If you need any help let me know, I'm an ex-Prosecutor

 

[w1nnie]

I've had a similar problem to this. I wrote to the client expressing that I will be seeking legal action if payment was not received within 7 days. She sent a vile letter back to me saying that the reason she hasn't paid is because my treatment was of poor quality, and she asked me repeatedly to fix it for her but I ignored her. and now she has a new tecnician and she never makes mistakes ! It was all lies of course.

She wrote the vile letter purely for the solicitor to see. I got some advice from a solicitor and they said I could have a letter sent to her from the solicitor for £15 but I know this customer would throw everything at me, crush me down, and it was doubtful that I would recover any money at all. Also when you start proceedings with solicitors it snowballs and for the amount of money, in my case £47 she owed me it's not worth it. Especially as every letter from the solicitor you have to pay for.

I decided to drop it and make clients pay first with nails.

 

[ashalina23]

Small claims court?

 

[bobbyrazz]

I dont think it matters if it ends up you just getting paid £1 a month, people shouldn't be allowed to get away with stuff like that. It makes us easy targets x

 

[hairstudent]

Card numbers on the back of cheques unfortunatly mean nothing now as their are no cheque guarentee cards. I would hand deliver your letter or send it recorded delivery so she can't say she didnt receive it.

 

[Tomme]

Card numbers on the back of cheques unfortunatly mean nothing now as their are no cheque guarentee cards. I would hand deliver your letter or send it recorded delivery so she can't say she didnt receive it.

Cheque guarantee does still exist, my nat west card has it. Xoxo

 

[Rubytues]

I'd be so tempted to bang, ahem! knock on her door and demand the money. Certainly teach her a lesson wouldn't it?!
Damn thief

 

[Beckybee]

I know it's not helping you, but I have a sign in the door window and above the reception desk, saying no cheques, payment by cash or card only.

I agree with the others chase her for it. If you know where she lives drop in on her. Play the game of its being a misunderstanding

 

[Beckybee]

Cheque guarantee does still exist, my nat west card has it. Xoxo

I can't see the point of writing a cheque out and then giving the card over show you can copy the numbers, if you have a card use it, though card payments can be reversed its unlikely.

My husband business takes cash, card and cheques, all payment problems are via cheques.

Some countries it's a crime to bounce cheques....