Customer won't pay - is it worth going to Small Claims?

[Cristina7]

DH got called out today to repair a WC. The customer asked if "no fix no fee" so he said yes. He goes there, starts on the job, half-way through the woman says it's taking too long and she doesn't want to continue. DH points out that he might as well finish the job since she's going to pay for his 2 hours (£80), she says "no fix no fee". DH said he can fix the problem. She ain't paying. Just rant and rave at home or is it worth going to Small Claims for this. Thanks.

[HellyBelly]

Hi there

How annoying for your dh. I can't advise on whether or not he could get his money back - maybe better off going on the legal section for advice?

I'm actually in the middle of doing a small claim myself as I've got a non payer too. Not because she didn't like the website I built (she never even saw it) but because she decided (after telling me to rush it asap - and I'd finished it) that she could no longer afford it. Sorry but not my problem!!

ANYWAY.........I'm doing mine online as it's cheaper (£20 instead of £30). Here's the \link{https://www.moneyclaim.gov.uk/csmco2/index.jsp\link} in case it helps.

Good luck :)

[Cristina7]

Thank you for the link. I hope you get your money too.

[jellyjelly]

Go for it, i hate people that wont pay whwn things are due.

[julienetmum]

Cristina your dh is mad if he does anything on a no fix no fee basis.

The firm I work for have a £50 call out charge for small jobs like leaks and w.c.'s.

I think it would be worth going to the small claims but he needs to collect his evidence together. Ideally he should have got her to sign something to confirm the call out but he needs to log the call out, the time he spent there and what he did whilst there.

It is unreasonable to call someone out to fix something, then not give them the chance to complete the job.

[looneytune]

Just wanted to let you know I did my small claim online and got a cheque almost immediately after they received the small claims court document to pay me! It included the £30 fee so I lost nothing.

Hope you get your money! :)

LT (previously HellyBelly)

[Freckle]

Well, I think you have to revise how you advertise his services. "No fix, no fee" leaves you open to problems as it's a matter of interpretation.

I would leave this one and put it down to experience. Then ensure that all future customers know that it is only "no fix, no fee" if he is allowed to do all necessary to attempt a fix first and that, if interrupted or prevented from attempting a fix, it is £x per hour. Perhaps you could draw up a short form contract which the customer is required to sign when your dh turns up.

[Janh]

Agree you should distinguish at the start between "fee" and "call-out charge" - he should have said "it's a minimum £80 for up to 2 hours" when she rang - £80 isn't "no fee" by any stretch of the imagination.