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thread: Business dramas! LONG!!

  1. #1
    Registered User

    Nov 2004
    Australia
    1,247

    Business dramas! LONG!!

    My husband and I run a cleaning business and we have just dealt with the client from hell!

    The main problem started two months ago when he accused us of pulling out power cords and losing computer data. He complained that he would have to pay a data retrieval company to fix it. I asked the staff and no one took blame for it and I believe them. I said to him if he comes up with hard evidence that we are at fault i am more than happy to claim expenses through my insurance company.

    Today he rang demanding $1200 for hiring the relevant specialist to fix the problem. He could not however prove that we did it. I asked if he could pin point the exact time the crash happened and he couldnt. He then threatened legal action. He said he had proof from the alarm company that we where the only people in the building after his staff left. I didn't deny we where in there I just wanted an exact time this accurred! How am I to know one of his staff not to blame?

    At that point I was so angry that I said keep our outstanding invoice amount and I will return your keys and cut all ties. He then crapped on about principle and the untrustworthiness of my staff which made my blood boil! I went on to tell him that I trust and believe in my staff and if I didn't then what would that say about me?!!

    This infuriated him and he ended the conversation by telling me he will be taking the matter up with his lawyer.

    So I got my own legal advice which was to not give in and apologize or pay for anything. Lawyer also said to not return keys until I have received my payment for cleaning.

    The client sent me a threatening email stating that if I didn't return the keys by tomorrow morning he will change the locks and security codes and he will seek compensation. I replied by politely stating my lawyer had instructed me not to return anything till payment is received. He then replied stating payment will be made in compliance with regular terms (7 days so next Monday) and once keys are returned!

    Ahhhh this man just won't budge! I just know if I hand in those keys I can kiss my $770 goodbye!

    So what would you do? Stand strong and not give in? Or bite the bullet hand in the keys and kiss my hard earnt money goodbye?

  2. #2

    Mar 2004
    Sparta
    12,662

    No. Don't hand the keys over.
    Stick to your lawyer's advice. There's no point in paying for advice if you don't follow it and if you know he won't pay if you return the keys then follow your instincts.

    Reply to the effect that you look forward to receiving his payment within 7 days and you will return his keys after he has paid as per your legal advice. It will cost him more than his bill to re-key.

    If it was me I would follow up with a letter of demand. I never send them to clients that I have any hope of salvaging a relationship with but once it's over all bets are off lol.

  3. #3
    Registered User

    Feb 2007
    In the jungle.
    4,809

    Id be listening to the lawyer...

  4. #4
    Registered User

    Jul 2009
    2,109

    You poor thing. If it were me I would follow the legal advice received as if this guy takes it further, you are going to need that help. I would also contact him via email in response and tell him that you are happy to drop the keys in and collect payment at that time. That way you know you'll get your funds and both parties are happy.

  5. #5
    Registered User

    Jul 2007
    melb
    8,498

    I agree with previous posters listen to your lawyer and do not return keys until you have payment.

    I hope it all works out ok.

  6. #6
    Registered User

    Dec 2006
    Melbourne
    3,737

    Sounds fishy to me! Just knocking out power cords doesn't mean you loose data. He needs to provide proof of who was in the building at the time, details and invoices of the data recovery. Listen to the lawyer, hope you can get it sorted.

  7. #7
    Registered User

    Nov 2004
    Australia
    1,247

    Thanks ladies.

    Black Rose- that's the problem he cannot even provide an exact time this happened just that when the workers arrived in the morning the cords where out. I have no issues paying but whose to say he or his staff aren't self sabotaging?(sp) All he had to go on is that his staff left at 11pm and we where the only people in after that. I feel sick to the stomach about this. Like I can afford a legal battle with only a couple of months before bubba #4 arrives?

  8. #8
    Registered User

    Feb 2007
    In the jungle.
    4,809

    Zap, I didn't think about it before, but BR is right, sounds fishy. how can a powercut make data disappear that can then be recovered by a specialist?? My power is always going out and I don't lose anything..... Maybe he has some weird computer system, how would I know?! But regardless I think if you trust your staff's word you should stick to your guns and follow your lawyers advice. If he's bluffing he'll soon back down.

  9. #9
    Registered User

    Dec 2006
    Melbourne
    3,737

    Hopefully the fact you have a lawyer and ask for proof it might get him to back down, also ask about how he backs up his data, has he really lost that much?

  10. #10
    Registered User

    Nov 2004
    Australia
    1,247

    Apparently it was in the process of backing up when it was lost.

  11. #11
    Registered User

    Dec 2006
    Melbourne
    3,737

    Then he should still have the previous back up, but it still sounds very convenient to me. If it failed during the back up there will be a record of what time it happened as it should be done automatically nightly or his employees would turn it in when they leave.

  12. #12
    Registered User

    Nov 2004
    Australia
    1,247

    Well that's all I want to know.. When it happened! My lawyer said it will cost him $1000's to find out and he is looking for a quick way out.

  13. #13
    Registered User

    Nov 2010
    QLD
    394

    It seems very strange that any business would have a set up that meant everytime they lost power they would have to spend thousands of dollars on specialist. So dodge. Follow your lawyers advice. I wouldn't be accepting check payment either, wait for it to go into your account. Good luck.

  14. #14

    Mar 2004
    Sparta
    12,662

    I wouldn't be accepting check payment either, wait for it to go into your account. Good luck.
    smart thinking.

  15. #15

    Dec 2010
    Victoria
    1,108

    he sounds like a knob to me!
    sorry he is making you stress its the last thing you need..

    i agree with the other ladies, do not hand keys over until you get paid! x

  16. #16
    Registered User

    Nov 2004
    Australia
    1,247

    Well my 10am deadline to return the keys has passed! I wonder what he is doing about it?

  17. #17

    Mar 2004
    Sparta
    12,662

    probably yelling at his staff over trivial matters.....

  18. #18
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    If he was doing a backup there will be records stating that the backup failed. It should at the very least indicate what time it started (losing power may stop it writing any more details to the file, it depends on the specifics of the backup.
    If he can't show what time (even to within the hour) he can't prove whether it was his own staff or any of yours.
    Is it possible that the power cabling could have accidentally been pulled out by moving furniture, tripping over it etc?

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