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Client Not Paying The Agreed amount.

Discussion in 'Small Claims & Municipal Court' started by cbaz98, Dec 12, 2009.

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  1. cbaz98

    cbaz98 Law Topic Starter New Member

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    I have a PC repair business. This client has signed a service order form on 11/12/2009. She was happy with the service given. She wanted her PC upgraded which included going from win XP to windows 7 and also add ram and check for any security issues. All of the above services were completed successfully and satisfactory as she paid and signed the dotted line. In fact she wanted us to replace speakers hook up scanner and fax on a seperate visit. We scheduled for the 23rd of november, which she cancelled and rescheduled to the 25, which again she canceled. She said she will return call when time was better for her. Now we don't hear anything for 5 days or so. She says her pc isnt working anymore. She wants it fixed now. So we say ok offer a time to set it up but with failed attempts. Calling results in voicemail, showing up at her door twice leaving notes nothing. She says we are rediculous for not making time for her we are a business and went out of our way for this client considering taking a loss on the amount owed. But she has mentioned she talked to lawyer and feels we overpriced her. windows 7 ultimate at that time was around 300$ ram for her pc 3gb around 120 and labor for upgrading was a 100 550$ was the total with tax. So she doesnt know what she is talking about and we are clueless how to proceed.
    We are willing to fix any issues but apparently its not possible. We don't want our good standing reputation ruined by this is the real concern everything else is fixable over time. We receive one final call today saying she now doesnt want to fight just wants her pc fixed and this would be the last time calling. I doubt it because she has been making up excuses all the way up till now. We have many clients who have left kind words about us and were happy and are returning customers. Of course there is always the one bad apple in the bunch. Thanks for reading.

    Should we continue trying to fix it? Or start refusing service under the we reserve the right to refuse service to anyone under any circumstance?
     
  2. dee_dub

    dee_dub Moderator

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    You're willing to fix it. She wants it fixed. What's the problem?

    What's this about her not paying the agreed amount? Your title mentions it, but the post doesn't.
     
  3. mightymoose

    mightymoose Moderator

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    If she is refusing to pay then settle it in court. This is what small claims is for.
     
  4. cbaz98

    cbaz98 Law Topic Starter New Member

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    it's getting worse now she is calling past office hours leaving threat messages. She is preparing to give my business a bad name. Not only that but she is saying in her voicemail to me that she's contacted her IT professional and one of her friends to apparently guide her through some PC issues she is experiencing a month after service saying it hasnt been fixed correctly. We have upgraded her system from winXP to win7. This means that a normal upgrade is not possible and it moved her applications to a windows.old folder. We have explained this to her and showed her the folder. Also she is trying to now ask again for a full refund and or call BBB on the company for not fixing her PC and its taking us more then a month to do it but she hasn't even paid the full amount of service due and not only that she has now involved others to repair her machine. The contract is void since she hasnt submitted full funds and now also has other people working on her machine and is mentioning now that she has a non genuine windows. So its going sour quickly. I am supposed to see her in a few hrs and she demands her money back. This person was a referral from another client and supposedly this lady and the original clients mom are both unhappy. So I am thinking they are going to join forces and pull a scam on me to gain some sort of settlement out of the company. Remember that this lady has canceled appointments 3 times and leaves voicemail like I will be here this time I promise. And other things where she was happy with the service because she referred me to one of her friends. So it's an up and down battle here. At this point I just want to move on and leave it behind not worth it going to court for 125 thing is I need the calls to stop period. She mentioned full refund now since she doesnt want me touching her PC at all anymore I havent seen it in over a month how do i know its not fully working and or who else has had the chance to work on it in this time frame. Any suggestions?
     
    Last edited: Dec 17, 2009
  5. cbaz98

    cbaz98 Law Topic Starter New Member

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  6. mightymoose

    mightymoose Moderator

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    Your option, if anything, is to take her to court for the money she owes you if she fails to pay.
    One thing is for sure, if she is having trouble with the computer and has been messing with it or having other people work on it, then you won't be responsible for the condition that it is in now. Who knows what they have managed to mess up!
    She can call BBB, that is her right... but that doesn't mean they will do anything. One complaint is not a big deal... multiple complaints are.
    She is not "threatening" you in a way that is really actionable. If she is threatening personal injury or to burn down your store... then you have something.
    If you don't want to go to court over it and you are willing to just forgive the amount she still owes you then let her know that. In fact, you might even write up a paper that states that you are not responsible for the condition of her PC due to unknown modifications made by others after it left your store, and that her outstanding balance is forgiven. Have her sign off on it.... then she can take her computer to another store and go through the whole thing again with someone else. Her problem is surely with Windows 7, not with you... she just doesn't know that.

    Personally... I'd sue her for the balance.
     
  7. cbaz98

    cbaz98 Law Topic Starter New Member

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    she is threatining me with stealing items from her and she wants to basically take my business down she won't stop till its down she says. So that right there is a threat to me. She has received a new box of win7 from us and she gave us her old LCD when we setup the new one to either recycle or use and she stated that in a voicemail we received. So she is getting a bit rediculous I am gonna try to let her take me to court and I will sue her for the 125$ plus damages if possible for my reputation if she is corrupting it in anyway not sure if thats possible I have all of the harrassment statements name calling yada yada on voicemail recordings I know that people waive their rights when they leave voicemail so i can use these in court am i correct? She is wanting to take me to court. I say go ahead lol. I will most likely win my missing cash.
     
  8. dee_dub

    dee_dub Moderator

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    A couple things...
    Well, that's your policy. Whether a court thinks its a good one is another thing entirely. If you did a crappy job and she sues you, I doubt a court will let you off just because of your policy.

    Now, what mightymoose said above is absolutely correct: whether or not you did a crappy job, if she's had other hands in her computer since then, all bets are off. She'll have a tough time proving you caused whatever problems she has now.
    Does that mean the original install of win7 you did for her wasn't legit?
    That's the first time you've mentioned an LCD. Is she now alleging that she didn't give it, and you're withholding it without her permission?
    That's not a threat, that's an allegation.
    Now THAT'S a bit more like a threat. But it's not actionable.

    She's a loon. Someone who makes three appointments and doesn't show up for them isn't about to take you to court.

    Take HER to court and sue her for the balance owing. If she has any brains, she'll settle up and you can get her to sign a release stating that she'll refrain from making any further allegations too.

    A general note: you should think very carefully about exactly what's going on here. Your posts are a bit jumbled, and if you get to court, you want to lay it out crystal clear so a judge has an easy time seeing it your way.
     
  9. mightymoose

    mightymoose Moderator

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    I wouldn't wait for her to sue... I would rather be the plaintiff. A countersuing defendant has the appearance of not really caring, but since the plaintiff brought you to court... may as well ask for some money.
    Just my opinion.

    I would sue her for the money she has not paid- and I would do it because she is being a jerk, not because the $125 is so important to me. I would also seek a restraining order to stop her phone calls.
     
  10. cbaz98

    cbaz98 Law Topic Starter New Member

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    yes it was a legit key. Not sure as to why it didn't work after 25 days. But she did mention someone goes in and checks our work to make sure its good. We didn't have to get a whole windows 7 but we did to make it good again. We already are aware of 2 persons that have helped her with the PC after our service was done. A lady named stacy and a guy named Tom. I am not sure whether either of them may have sabotaged our work. It's a possibility.

    As far as crappy job goes. I've setup the LCD nicely, the PC was running great she said all that was wonderful when she signed and handed me the 425$. Now who do you know would want to refer someone if the service was crappy. She left us a voicemail 2 way call with the other lady (stacy) on the phone talking about she had a virus problem can you help her. Then you hear the client in question saying here this is my first referral to you. She sounded happy. So you are absolutely correct she is a loon, and it should be very easy to prove that point.

    Not only that while I am there she talks to people on the phone they get mad and hang up. She gets mad at people easily. Maybe she has a problem and I don't know what happens after I take her to court. Safety might become the next thing to worry about.

    As far as the LCD goes it wasn't a problem till now since she received her windows she is just going down the list to do anything to get back at us, because she thinks she was ripped off. She had a new LCD she wanted us to setup. We did and then she asked would you like to take the old and either use it or recycle it? We said no problem we can find use for it or recycle. On our voicemail she admitted to giving it up as a gift. But she is just saying now that we stole it along with some memory card which we haven't even seen. We don't know what memory card she is referring to at all. We believe she is now trying any angle to get back at us which she also stated. Trying to find a way to get her money back or more see the company fall.
     

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