Problem with client trying to back track

[Wayno]

Thought I would rant here and elsewhere before penning a reply to the client!!!!

Basically a private school approached me a fortnight to supply a large mobile nightclub and a couple of other services for their summer ball - total order was in excess of £1500 - one of my biggest orders to date!

The client accepted the quote and expressed their intention to book and that they wished to pay in full at the time of booking to take advantage of the 5% prompt settlement discount I offer - Invoices and booking forms were sent out accordingly, an email reply stated that the invoice had been passed to the accounts department for immediate payment and that they accepted the terms (this was on the 18/04/2012) - all good so far.

Last Friday (27/04/2012) I got an email asking to change the PO number on the invoice as it conflicted with one the accounts dept had already issued - no problem, swapped it and re-issued the invoice on the same day, client says BACs payment will be arranged that afternoon - still good.

Yesterday I emailed to follow up the payments progress - no response...

Today I phoned to speak to the contact who informed me that they have decided to go with a firework display instead then promptly hung up on me! Tried calling back - nothing, all of a sudden reception says he is not available to speak to.

So there we have it - in my eyes we are still entitled to be paid as we have turned away other work and the client has expressed on a number of occasions that they wish to book our services - the loss of £1500 is definitely going to have a tangible effect on my business and my terms are clear that they have entered an agreement and are now defaulting.

I am P***ed to say the least but I need to pen a calm but powerful letter to the client to remind them of their obligations - anyone got any ammo or legal references I could include?

I have received the vice-principles email address, should I go direct to her and raise the compliant or give the contact the another chance to resolve the situation?

Thoughts Gentlemen?

P.S
The contact is an employee of the school working with their authority and not a parent/third party.

[ppentertainments]

Without knowing your t&c it will be very difficult to advise.

[Corabar Entertainment]

Without knowing your t&c it will be very difficult to advise.

I wouldn't venture ANY advice whatsoever on this one without having had the benefit of examining in depth ALL correspondence that's taken place between you: you're basically in the position of proving that there is a legal and binding contract between you - even without you having received any consideration or signed T&Cs, and this can be a VERY complex legal question.

[Wayno]

I feel my T&Cs are fairly bomb-proof in this respect.

But playing devils advocate for just a second - Would you not agree that it is clear beyond reasonable doubt that they have authorised a booking on at least three occasions here - 1) Accepted the quote and Expressed Intention to book, 2) Accepted the terms and advised payment was being submitted, 3) Changed the PO number (if they were not interested in continuing a booking why change the PO number) and once again confirmed that payment would be forthcoming.

[Corabar Entertainment]

Ooops. Sorry. Just realised you didn't want my input anyhow.

Thoughts Gentlemen?

[Wayno]

Ooops. Sorry. Just realised you didn't want my input anyhow.

Sorry Angela, I suppose I'm used to being around Gentlemen, my apologies.

To be honest given your background - your advise would be the most valuable.

[Leicester Ben]

Surely the fact that you sent out booking forms and there were neither signed nor returned is going to work against you here. I don't think you will have a leg to stand on, if it was me I certainly wouldn't be pursuing it.

Probably not what you want to hear though - sorry.

[surround sounds]

Surely the fact that you sent out booking forms and there were neither signed nor returned is going to work against you here. I don't think you will have a leg to stand on, if it was me I certainly wouldn't be pursuing it.

Probably not what you want to hear though - sorry.

Same as above, No returned booking forms and deposit means no booking confirmed

[Corabar Entertainment]

No need to apologise, Wayne. I was only teasing and certainly didn't take offence.

I'm afraid that...

I wouldn't venture ANY advice whatsoever on this one without having had the benefit of examining in depth ALL correspondence that's taken place between you: you're basically in the position of proving that there is a legal and binding contract between you - even without you having received any consideration or signed T&Cs, and this can be a VERY complex legal question.

Unfortunately, an intention to make a booking at some point in the future (even if it's later in the day) is not the same as MAKING a booking. Unfortunately, this is a very complex area and not one that can be advised upon lightly. However, generally speaking, it is hard to prove a contract exists at this stage without the relevant consideration and paperwork.

Turn this around to a different situation: Imagine you go in to a car showroom and say that you want to buy a Ferrari. The salesman figuratively puts the car to one side for you, and you leave saying that you're going to get a banker's draft. On your way to the bank, you spot a Rolls Royce that you decide you prefer, and buy that instead. Would you expect the Ferrari garage to be able to force you to pay for the Ferrari?

[Shakermaker Promotions]

I have to agree with the couple of comments above and I am also sorry that it's not what you want to hear.
I am sure we've all had scenarios like this and I know I certainly have.
The booking could have been for £10,000 but if there is no booking form returned or a booking fee, as far as I am concerned (and I am by no means clue'd up on any of it), there is NO booking.

IF they had signed a booking form and you had that - totally different story.
In my eyes, this example is just as good as someone in a pub casually asking you if you'll DJ at their party and then not going ahead.