NDR: Kind of a legal question: Non payment for services rendered

[TwoBitTxn]

I teach an internationally recognized course in commercial swimming pool management as an independent contractor on occasion. I enjoy doing it in part because it can be really lucrative.

I taught a class on short notice for a large fitness club company at the end of May. I signed their contract that I had to have all of their purchase orders and a vendor ID number on my invoice in order to get paid. No problem, or so I thought at the time.

I am yet to get all of the P.O.s I need and still haven't been issued a vendor ID number. All of my expenses were out of my pocket. I am holding certifications since processing them will cost me more money. My contact is way down the food chain.

Who can I complain to? Really don't want to take this to court, but would a well written letter do any good? Who to send it to?

Advice?

TwoBit

 

[Warthaug]

I'm not a lawyer by any stretch of the imagination, but I've been in a similar situation - I was contracted to teach a course, and was not paid.

Do you have a contract, or some other form of documentation, that outlines the agreement - i.e. what you had to do, what you would be paid, time period, conditions, etc?

If you do then I would start by sending a letter, a copy of the contract, a detailed invoice, and copies of any other paper work which would support your claim to their legal department. Be nice, but make it clear that you are tired of being screwed around, and that you expect immediate payment. Make it clear that failure to reply will lead to a civil claim; that usually gets the ball rolling fast.

Other things that are good to include would be e-mails or letters of your attempts to get the vendor numbers, etc, and anything else that shows you've been trying to deal with the situation.

If you don't have a written agreement you're on shaky ground. Go the same route, include copies of whatever documentation you have, and cross your fingers.

In either case, keep copies of everything you send, and make backup copies of every thing you receive. Log any phone calls you make/receive - date, time, phone number, duration, person on the other end of the phone, and content of the call. Make hard copies of all e-mails. All of those will be ammunition for either your negotiations, or a legal challenge.

In my case I had to get nasty before I got resolution. I dug through the law and found a few felonies that the company may have been guilty of (fraud, misrepresentation, and libel to be exact), and sent a short letter that basically said "this either gets resolved, or I'm filing a criminal complaint". I avoided court, but only just.

Bryan

 

[peterbj7]

I'm afraid here in Belize dive operators and hotels expect to be screwed from time to time. I had one group of 12 from Calgary who dived for a week and paid (single payment from the tour organiser, a business) by credit card. Shortly after they got back to Calgary the payment was reversed, and nothing I could do ever got us the money. Turned out the woman concerned was an Australian running the business in Calgary, and she had screwed over lots of other people. She vanished with all her customers' money.

I had two O/W students recently who told me when they were leaving, and we agreed they would pay at the end for their courses, materials and extra dives. They lied about when they were leaving and actually left several days early. I never got paid (nor did they get certified). This doesn't happen often but it's not the first time and I don't suppose it'll be the last.

And I had some guests who dived for a week and completed their travellers' cheques incorrectly, so the bank refused to honour them. They apologised profusely when I contacted them about it, but still 18 months later I have yet to receive any money.

Many people seem to think that all suppliers are out to screw them so they'd better get in first. I've obviously been a customer for years, but now I'm a supplier I see things I would never have dreamed of. It reflects very badly on human nature.