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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think client should pay me?

9 replies

Whattodoclient · 01/02/2024 16:51

I’m having issues with a client who is refusing to pay. We initially entered into a 6 month contract which outlined pausing and termination, needing 30 days notice. It also states that if the client does not provide what is needed and affects our ability to fully provide the services, they will still remain liable for payment.

Anyway, the first month went well but they decided to pause due to stock issues. I accepted a one month pause due to this, and they said they will be resuming after this month.

All invoices are issued in advance as outlined in the contract. He is now refusing to pay for month two on the basis is that he has paused and wants to ‘see the impact of month one’. We have not agreed to this and already made a loss last month due to agreeing to pause.

I have everything in writing and signed that they will remain liable for payment if we are not able to fulfill all duties due to the client, and the ‘pause’ was a gesture of goodwill and it states in the contract that it must be agreed in writing on both ends.

Am I right in thinking he should still pay as we are not at fault and he has not provided notice nor was an extended pause agreed?

OP posts:
LookItsMeAgain · 01/02/2024 17:17

I think you might need to send a solicitors letter to them explaining the contract that they signed and the implications of not paying for month 2 onwards. The pause was only ever going to be for 1 month duration (make sure that your contract states that explicitly) and then go from there.

Hillrunning · 01/02/2024 17:22

You say you accepted a one month pause, why did you do that without clarification that he would still have to pay?

LookItsMeAgain · 01/02/2024 17:24

Do you have the communication where they stated they would be resuming after this month? Also when you say resuming after this month does that mean next month (as in March) or were you talking about resuming in February?

Freakinfraser · 01/02/2024 17:28

So you agreed to pause but still wanted payment, and didn’t tell him that you’d stop the work but still want the money?

Whattodoclient · 01/02/2024 17:41

No. I agreed a pause and did not charge him, they said they would be restarting from Feb 1st, and have now told me they don’t want to pay and need to continue the pause.

OP posts:
Whattodoclient · 01/02/2024 17:43

@LookItsMeAgain Yes I do in writing. I agreed to pause for January, and we did charge him, with an agreement to resume in February.

OP posts:
Whattodoclient · 01/02/2024 17:44

@LookItsMeAgain Sorry I meant we did NOT charge him and agreed the pause.

OP posts:
kikilaw · 01/02/2024 17:52

Need more information including exactly what was said about pausing and the nature of the product advised as well as exact terms of contract entered into. I would get legal advice as a business is under an obligation to treat customers fairly so if there is any doubt on what is agreed I would expect it to fall in favour of the customer so you need to be very clear on the terms of your contract.

Anjea · 01/02/2024 17:56

What are you providing him with?

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