• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Non payment - but in possession of client equipment.

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Non payment - but in possession of client equipment.

    A client has taken it upon themselves to not to pay me for a day of work that I've invoiced for. The scenario was that their own client chose to decline my service (not due to poor workmanship or negligence) only 15 minutes into the working day. Based on the fact, I still expect to receive payment for a full days work as I'm out of pocket to the tune of two hours travel time, associated costs, inconvenience and unreasonable conduct by the third party.

    I've addressed the situation and expressed disappointment with my client - the client says the third party is refusing to pay for the day of service, but at present I've chosen to continue providing services for my client. The major disappointment is that my client was not firm enough with the third party in demanding payment, or point blank refusing to provide services if payment was not forthcoming. My client is still providing services to the third party - effectively penalising me rather than them which is leaving a bad taste in my mouth.

    My question is - should relations deteriorate between myself and my client - how do I stand from a legal point of view if I choose to keep a piece of the clients equipment taken as my remuneration?

    #2
    Probably in the dock for theft.

    Comment


      #3
      Originally posted by Mr Panda View Post
      how do I stand from a legal point of view if I choose to keep a piece of the clients equipment taken as my remuneration?
      In a bad place. There are avenues to pursue for the money owed (although this isn't a particularly strong case on the face of it), but theft isn't one of them.

      Comment


        #4
        You cannot withold the client's equipment for their not paying you. The former is the criminal act of theft, the latter is merely a civil matter.
        Down with racism. Long live miscegenation!

        Comment


          #5
          Originally posted by NotAllThere View Post
          the latter is merely a civil matter.
          Civil matter - yes. Thus property (value) withheld as part of a civil dispute.

          Comment


            #6
            Originally posted by Mr Panda View Post
            Thus property (value) withheld as part of a civil dispute.
            For which you're liable to be fined for trespass to goods (and/or breach of contract).

            Comment


              #7
              Did you get a signed timesheet for the time worked?
              …Maybe we ain’t that young anymore

              Comment


                #8
                Leave the clients kit out of it. Theft is not the answer to B2B payment disputes.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by WTFH View Post
                  Did you get a signed timesheet for the time worked?
                  No. The client (using the site to facilitate criminal activity [IME]) did not sign the time sheet.

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Leave the clients kit out of it. Theft is not the answer to B2B payment disputes.
                    Quite right. However the client should have been firmer with the third party. I will leave their kit out of it in this instance.....

                    Comment

                    Working...
                    X