Open Association of Landscape Industries
What is the legal status of a verbal contract?
I'm looking for advice on how you would all deal with this situation.
I had looked after all of the maintenance needs of a small hilltop estate in Ayrshire for a Lady for 2 years. She was extremely satisfied with everything we did, how we went about doing it, and took great pleasure in her garden and grounds. However she sold it to a chap who had plans to develop it. She gave him my details and told him to contact me once things started to grow again after the winter.
...so he called me... after the grass had grown to the point where it resembled a field. He wanted a bowling green. I explained to him that we wouldn't cut it right down straight away but would lower it every week to try to meet his requirements. I verbally agreed £150 per cut, with all clippings collected etc. While on our 3rd visit he called me and complained that the first cut was not tidy enough and therefore said he wouldn't pay for it. I told him he would and then settled that he'd give me £100 of it. I left it at that, finished the job and left thinking that he was just at it, a little bit of a shark, nut that he would, after reasoning, pay for a job honestly and well done.
I went back the following week did another cut but didn't lift the grass and would charge an hourly rate for reduced time taken. This man called me up this morning a told me that because he didn't ask me to cut it again that, despite our verbal agreement, he would not pay me for it and that I should learn from this... learn not to trust people!?!?? I am a trusted person and don't find this easy to accept.
Where do I stand on this? Do I have a comeback. It's only £150. It's a principle matter for me though.
What would you do?
I had looked after all of the maintenance needs of a small hilltop estate in Ayrshire for a Lady for 2 years. She was extremely satisfied with everything we did, how we went about doing it, and took great pleasure in her garden and grounds. However she sold it to a chap who had plans to develop it. She gave him my details and told him to contact me once things started to grow again after the winter.
...so he called me... after the grass had grown to the point where it resembled a field. He wanted a bowling green. I explained to him that we wouldn't cut it right down straight away but would lower it every week to try to meet his requirements. I verbally agreed £150 per cut, with all clippings collected etc. While on our 3rd visit he called me and complained that the first cut was not tidy enough and therefore said he wouldn't pay for it. I told him he would and then settled that he'd give me £100 of it. I left it at that, finished the job and left thinking that he was just at it, a little bit of a shark, nut that he would, after reasoning, pay for a job honestly and well done.
I went back the following week did another cut but didn't lift the grass and would charge an hourly rate for reduced time taken. This man called me up this morning a told me that because he didn't ask me to cut it again that, despite our verbal agreement, he would not pay me for it and that I should learn from this... learn not to trust people!?!?? I am a trusted person and don't find this easy to accept.
Where do I stand on this? Do I have a comeback. It's only £150. It's a principle matter for me though.
What would you do?
Replies to This Discussion
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PRO MemberPermalink Reply by Phil Voice on -
Chasing money is never easy and probably a lot harder when it is done on a verbal contract basis.
There are a number of avenues that can be pursued and I would NOT count the baseball bat amongst the sensible of options so the next best thing is via a proper written process (and I would even try this if it is a verbal contract).
Compact Law offer a number of solutions for you and the very first one to try is the initial letter (see the attachment).
The Compact Law route is a great way to source legal forms that are already written for you and if used properly, can save you from further financial loss down the line. - Attachments:
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compactlaw_lba.doc, 4 KB
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Permalink Reply by Cat Fereday on -
I've just been looking through the latest Which? There's an article on Small Claims Court and a link to the websites: England and Wales: www.moneyclaim.gov.uk. Northern Ireland: www.courtsni.gov.uk. Scotland: www.scotscourt.gov.uk. Note that you can't register the claim online in Scotland. In England and Wales, according to the article, it costs £30 - £108 (25-100 online) depending on the size of the claim, plus £35 for the questionnaire if the claim is between £1500 - £5000, and a £25 to £300 hearing fee depending on the size of the claim. The threat of court action may be enough to get the money, as court will notify the defendant of the claim once registered. Happy to send more details if you want them, just send me an email.
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Permalink Reply by Lara Warner on -
In my previous existence (prior to founding Warner Grounds) I was a litigation lawyer. If anyone needs any pointers I'd be happy to help.
Lara
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Permalink Reply by Jason Felstead on -
On all of the work i undertake i always make sure that everything is in writing and the client is in full agreement
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PRO MemberPermalink Reply by Gardens4u.co.uk on -
hes trying to grind you down , then screw you and then steal your staff....
g l y p h o s p h a t e
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PRO MemberPermalink Reply by Gardens4u.co.uk on -
verbal contracts need a witness.
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Permalink Reply by vhowe on -
Neil Petrie BSc Landscape Mgt said:Many thanks.
I'm to go and collect some money he owes me later in week so will try to ammicably settle the rest. If he refuses, well I'll walk away.
Get this though! He's now poached one of my boys who will do the work for a fraction and has left me high and dry. It really sickens me.
Thanks Philip for the T&C's though. I will certainly put them to good use from now on.
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Permalink Reply by vhowe on
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Hi Neil,
We work with verbal instruction sheets from time to time. I can email you a copy if you think it would be of use.
Neil Petrie BSc Landscape Mgt said:Many thanks.
I'm to go and collect some money he owes me later in week so will try to ammicably settle the rest. If he refuses, well I'll walk away.
Get this though! He's now poached one of my boys who will do the work for a fraction and has left me high and dry. It really sickens me.
Thanks Philip for the T&C's though. I will certainly put them to good use from now on.
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PRO MemberPermalink Reply by Dan Frazer Gardening on -
Robin, the thread's 20 months old...
Robin Ainsworth said:hes trying to grind you down , then screw you and then steal your staff....
g l y p h o s p h a t e
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Permalink Reply by Paul @ Ashgate Garden Care on -
Yes, but revenge is a desert best served cold.
Dan Frazer Gardening said:Robin, the thread's 20 months old... Robin Ainsworth said:hes trying to grind you down , then screw you and then steal your staff....
g l y p h o s p h a t e
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PRO MemberPermalink Reply by Gardens4u.co.uk on -
lol - how did i get on it then ??
didnt realise at all..........
Dan Frazer Gardening said:Robin, the thread's 20 months old...
Robin Ainsworth said:hes trying to grind you down , then screw you and then steal your staff....
g l y p h o s p h a t e
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PRO MemberPermalink Reply by Gardens4u.co.uk on -
it is a featured discussion...
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