FamilyGirl
New Member
My partner runs his own motorbike mechanics business, i help him. In October 2013 he did a job for a regular customer. The bill was estimated at £300, and came in at exactly £300. The customer then announced, after work was completed, that they had no money to pay it. After several weeks of no forthcomimg money, my partner advised the customer there would be a weekly storage charge added to the bill as he was losing money as their vehicle was taking up space.
Eventually after weeks of excuses and none payments, £205 was paid, and my partner agreed to return the vehicle so they could use it to return to work and earn the rest of the money to pay the bill, and take another of their vehicles as collateral. He has a signed document saying the customer agreed to this and is fully aware the storage charge will keep rising until the bill is paid. He was advised by a solicitor this is perfectly legal.
Nothing more has been paid since. My partner sent a letter advising they had 28 days to either pay in full or sort out an agreement or else we would be taking them to small claims court. Yesterday, 3 days before the 28 days is up, he recieved a message from the customer demanding he come to her property as he did not do the work he billed her for. He told her no, he would not be attending her property, all work has been done and he shall not be discussing the matter any further unless it is to discuss payment of money owed. He has photographic evidence of the work done, of which she has seen, the invoices from all the new parts purchased and an MOT certificate which was done after the work was carried out. The vehicle did not run, after work was done it did run. All proof work has been carried out. My partner also has messages from the customer and her son thanking him for work and saying how well it runs now.
As well as this, the customer is now accusing my partner of stealing the bike held in collateral and says she has informed the police. My partner has a signed document from her giving him permission to take it, as well as the keys and log book. He has text messages and facebook messages from the customer, as well as invoices, the old damaged parts removed and replaced from the vehicle, and photographs, to document the entire thing.
Legally where do we stand? What is our next step? And if/when my partner takes them to court, is he in any way likely to lose? Thank you.
Eventually after weeks of excuses and none payments, £205 was paid, and my partner agreed to return the vehicle so they could use it to return to work and earn the rest of the money to pay the bill, and take another of their vehicles as collateral. He has a signed document saying the customer agreed to this and is fully aware the storage charge will keep rising until the bill is paid. He was advised by a solicitor this is perfectly legal.
Nothing more has been paid since. My partner sent a letter advising they had 28 days to either pay in full or sort out an agreement or else we would be taking them to small claims court. Yesterday, 3 days before the 28 days is up, he recieved a message from the customer demanding he come to her property as he did not do the work he billed her for. He told her no, he would not be attending her property, all work has been done and he shall not be discussing the matter any further unless it is to discuss payment of money owed. He has photographic evidence of the work done, of which she has seen, the invoices from all the new parts purchased and an MOT certificate which was done after the work was carried out. The vehicle did not run, after work was done it did run. All proof work has been carried out. My partner also has messages from the customer and her son thanking him for work and saying how well it runs now.
As well as this, the customer is now accusing my partner of stealing the bike held in collateral and says she has informed the police. My partner has a signed document from her giving him permission to take it, as well as the keys and log book. He has text messages and facebook messages from the customer, as well as invoices, the old damaged parts removed and replaced from the vehicle, and photographs, to document the entire thing.
Legally where do we stand? What is our next step? And if/when my partner takes them to court, is he in any way likely to lose? Thank you.
