Legal help re bounced cheque ..... Please!!!

[DiscoMagic]

Back in December I did a 2.5 hour Childeren Disco for an 11 year old for £150 and after presenting the clients cheque to my bank they have advised that it was stopped due to "reported cheque theft".

Now I don't normally accept cheques but this was for a friend of a friend, and I thought that it would be OK. Moreover the client had already cancelled and re-arranged once because the child had broken his arm on the day of the party, and although I was within my rights to demand full payment I felt this was a bit harsh from a customer service point of view and so I agreed to postpone to a mutually agreed date.

So as you can see I looked after the customer as one should.

On receiving the stopped cheque I emailed the client, advising that the cheque had stopped and that the payment was still outstanding and needed to be paid. I received no answer!

I have today contacted her, and before even explaining the reason for my call, the client leapt into saying that she emailed me twice and text messaged me the after the party, saying that she had a number of complaints from other parents saying that I was loud, aggressive, shouted at them and even manhandled a girl off the floor where she was sitting down whose father was a senior police officer and wasn't very happy. About two minutes into the call she said she had another call coming through and she would call me back in two minutes. Three hours later i'm still waiting!

To me this is total nonsense.

1. Firstly the children were fairly boisterous, to say the least and at one point the birthday boy was punched in the balls (to give you an example) for fun.
2. Secondly, Although I was fairly firm, I only shouted once, and that was to bring things to order for a game that the client and her son were keen to play.
3. Thirdly. I never manhandled or picked a child up from the floor. The closest scenario is that at one point the children has removed a girls shoe from her and were throwing it between themselves with the girl running around trying to get it. From my point of view, a H&S issue as the floor was wooden and can be slippery in socks.
4. Forthly. The mum spent most of her time in the kitchen and didn't bother getting sorting things out.
5. and finally. The mum never said anything to me on the night, depsite me making a point of checking that everything was OK during the Party and at the end. Additionally The birthday boy also thanked me for the night and some of his friends said that they had a good time.

To me I think it is a blatant attempt to try and get out of playing, and in short I want to know the best of getting my money back.

What should I do???

[DJ Jules]

Letter by recorded delivery stating:

1. The contract was fulfilled
2. Cheque had bounced (and supply the reason that the bank gave)
3. Dates/times of attempts to contact
4. Then state that no concerns or complaints had been raised prior to contact and, similarly, you had no complaints from any other party on the day.
5. Payment is due, and intentional cancellation of a cheque after issue amounts to fraud
6. If no response within 14 days, small claims proceedings will be started and if judgement is found against her then it will affect her credit rating.
7. If she has a genuine issue with the quality of your service, then she first needs to settle the debt, and can then follow your grievance procedure (supplying evidence of her complaint) which may result in a full or partial refund.*

* No.7 is optional

No response within 14 days, straight to small claims.

I'm stereotyping here, but if I know this type of customer, you're unlikely to ever see your money unless you get judgement against them and then take the small claims process right through to recovery direct from earnings. Her credit rating is probably already shot so another CCJ isn't likely to make much of a difference and she's unlikely to ever volunteer the money, even if you get judgement.

In fact, she's unlikely to even turn up to defend if you do take her to small claims.

Julian

[Sapphire Disco]

What she has done is deception the courts will look very dimly at that, take her through the small claims court and add on as much in costs as you can without going over the top with them.

[Solitaire Events Ltd]

https://www.moneyclaim.gov.uk/web/mcol/welcome

It works.

Before you do that, Google for debt collection letter as there are plenty of companies out there who do them for free.

[DiscoMagic]

Thanks guys, great advice... I'll let you know the outcome

[mattydj50]

https://www.moneyclaim.gov.uk/web/mcol/welcome

It works.

This is actually a simple way to use the Small Claims court. I've done it twice and won both times, though the second time, the company I was pursuing went out of business before the bailiffs went in, so I never actually got my £325 back.

But yes, a clearly worded letter with a bit of legal jargon threatening legal action or courts usually does the trick because it puts the fear of God in the "defendant" as they often think you're bluffing.

[DazzyD]

Good advice. And a good example of why you should have a clear complaint resolution procedure in place. I wouldn't even look at a complaint whilst the client was witholding money, though.