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Bullying client not paying

8 replies

winterpansy · 17/09/2014 16:37

I work as a self-employed marketer on a part-time basis (and work pt also) and I am having a lot of trouble with one of my clients. He is refusing to pay an invoice and demanding to see invoices from my subcontractors before paying me. This relates to printing work I got done - on their written approval, which was received as agreed. I paid for the printing and invoiced him for same. I included a small mark-up for my time setting up the print etc. but the client is now insisting to see the invoices. I think I am right in saying he has no right to demand this when he agreed printing costs etc. with me upfront. This has all stemmed from me dropping him as a client as he just got too much to handle - since I suggested terminating the contract he has behaved in a bullying fashion and is with holding payment of £2k for the printing and other associated work. I have threatened small claims court and he replied that he will counter claim and demand to see the invoices anyway and that the court will not look favourably at me for not letting him see them. He is now refusing to answer any emails pertaining to the matter. Should I go ahead with a claim through the courts?
TIA

OP posts:
MrsMargoLeadbetter · 18/09/2014 09:29

I can understand why you are upset, he sounds like hard work. However, as an outside I cannot see why you couldn't share the invoices with him?

I know he should trust you and he agreed to pay....but by showing him you should remove a barrier to him paying you?

I guess he is just being a pain as you want to get rid of him.

Maybe reinvoice with the mark up reflected as you time to manage and then the costs, attach copies of the invoices and say "I look forward to your payment".

FYI I always attach invoices I have paid when I invoice as I feel it shows I am transparent. Not saying you are not, but just wanted to share what I do.

No idea if he is entitled to see them.

enriquetheringbearinglizard · 18/09/2014 17:58

I'm just giving your post a bump really OP as I don't know what I'd advise.

If he agreed prices before you did the work then he should pay on your invoice IMO.
Say we have some decorating done and the guy gives us a price, we don't ask to see all his invoices for materials before we pay him. It's obvious that you're a business and not a charity so unless you've billed him for an awful lot more than you quoted, then I don't understand his justification.

JetsAndSugar · 18/09/2014 18:08

Yes, legal action. Commencing the action will probably be enough to scare him into paying. He is betting on you being a doormat or not being arsed.

I am freelance also, in a different industry. In my industry, unpaid invoices have a surcharge after a certain period. Typically 5% after 60 days. Was anything like that in your contract?

To my mind there are 2 important principles at stake:

  1. HE IS STEALING FROM YOU! Would you say, oh never mind, to someone who stole your car. I don't think so. He is a thief as well as a bully.
  1. Never let a bully get away with bullying you. Next he'll be telling everyone how shit you were and that he had to withhold payment. Or even threatening to sue you. And you will always feel a little bit crap that you let him get away scot free with treating you like shit on his shoe.

Oooh "scot free". Topical today. Sort of. Off topic. Sorry.

JetsAndSugar · 18/09/2014 18:20

No way should you show him those sub-contractor invoices. He is trying to make a power play over you. Bully.

As you pointed out, they are irrelevant. You agreed a price for a service and goods. There is a contract. You provided the service and goods. He has to pay. End of. Courts will agree.

Let the next contact be from a small claims court. They do up to 10k.

LonnyVonnyWilsonFrickett · 21/09/2014 13:47

Do you want to be right or do you want to be paid? Send him the invoices, with a note recon firming your mark-up, his sign-off on the costs and your payment terms, with confirmation that if you aren't paid by x date you will start small claims proceedings.

winterpansy · 21/09/2014 23:02

Sorry - only getting on the laptop now. Thanks for all your advice. I have enlisted the help of an accountant (who also happens to be one of my best friends) who is going to contact him with a reissue of the invoice (to reflect less facebook ad spend than originally billed for due to early termination of the contract).

His last email claimed he wanted the invoice to claim VAT back but she will explain the invoice is not in his name so he can't, not that there was much VAT on it, and included a full breakdown of costs with email evidence as back up. I don't want to send him the invoices as some of you have quite rightly pointed out, he is a bully and I have had quite enough of bullies over the last while.

If he doesn't pay after this contact I will initiate court proceedings but at least I am making an attempt to be reasonable by reducing the FB ad costs and providing the breakdown.

I owe my mate a big drunken dinner out if she gets him to pay with court Smile

Thanks again, everyone.

OP posts:
Rowingdowntheriver · 22/09/2014 19:48

Are you VAT registered yourself? If so then you will have charged VAT on the recharge to him anyway and that it what he should reclaim from HMRC.

I agree he sounds like a bully but I think I would just show him the invoices if it meant speeding up payment and being rid of him. Legal action will slow things down, cost you money and keep him in your life longer than possibly neccessary.

winterpansy · 22/09/2014 22:12

No, I am not VAT registered so have not charged him any VAT.

He has now resorted to personal attacks - I am a money grabber, his ten year old could do his marketing etc. so it has made me more determined to not show him the invoices and back down. My mate will be emailing him on Wed with the total breakdown of costs and screenshots of all the email back so we'll see what happens. He also has continued to use my credit card for Facebook Ad spend, despite repeated requests for him to change the payment method (he locked me out of the account) so my credit card provider is initiating a fraud claim. I've learned a lot of lessons from this nightmare client, I tell you! Will update when I hear back.

OP posts:
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