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?

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.

Id be listening to the lawyer...

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.

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.

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.

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?

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.

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?

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

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.

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.

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.

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

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smart thinking.

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

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

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

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?

Pandora- he is claiming five power cords where pulled and left out! If we did it we would have noticed and put them back in at the very least. He is also stating that it was purposely done not an accident.

Unless he has video evidence, or an eyewitness, or your staff had threatened to do this I think it will be hard to prove intent.

Has your soliciter been in contact with his, to see if he can substantiate any of these claims?

What business that relies on data does not have a UPS to stop this happening? Something smells a bit rotten here. I'm no IT expert but how can the data be lost from both the original source and the backup disk because of a power failure? I wonder if he is having financial difficulties and thought you were a soft touch because you are a small business, a woman and pregnant. I pity him really, he can't even bully a pregnant woman to give him want he wants.

Pandora- my lawyer said to wait to see if his lawyers sends a letter of demand but my lawyer too thinks he is all hot air

Little Chicken- I think he is just targeting me as an easy out too. He has no idea i am pg and I really wanted to mention it in the last phone conversation but i want to take the moral high road as this man seems to have very little compassion. It has caused so much stress at home in the last 24hrs my stomach is tied up in a knot and poor dh is breathing like he is about to have a panic attack!

We often have power failure at work, couple times a month and we have never lost data. Our backup is done nightly, I think it starts at either 1 or 3am, with the main one weekly. We are only small and still able to keep backups so something is not right there. Tell your DH to stop stressing as a few powercords removed will not wipe data.

If you shift or turn off your computer you don't data.

If cords are pulled a ups won't help but who would pull 5 cords and not notice or do it on purpose, it sounds like you are the scapegoat for him he is full of excuses.

Your lawyer should be able to arrange for an it company to go in and see how it's all setup.

My laptop overheats all the time and turns itself off, just goes black without a warning. I have never once lost data. If his computers were off, then a pulled out cable wouldn't do much surely. And if they were on and you accidently knocked them or whatever (and I'm not saying you did or anything), you would have noticed if they suddenly weren't running.

This guy seems like he's looking for a fall out person. If he contacts you again, I'd be telling him all further correspondence goes to your lawyer, and any fees you incur from legal action from your unpaid bill will also be forwarded on to him. He sounds like a charming man.

So the saga continues! Received an email today from him going on about not returning his property and also attached a quote to change all the locks in his building. He also stated he has proof that we where the only people in the building when the "fatal error" occurred. I once again explained I will return his keys when he pays and to please send the proof he has in regards to the lost data. He sent an email back stating we owe him double his first stated price and he will be passing the matter on to his lawyers.

My stomach is in knots!! He has made me sooo angry. All I have asked for is proof and my payment but he won't budge. Can he really go ahead with legal proceedings when I have offered to meet him half way on both issues?? I will be screwed if I have to pay him $4500 plus legal costs which he is now stating I owe.

Keep all of your previous correspondence with this guy in a file, so you can prove you tried to meet him halfway. What you've asked isn't unreasonable. I would definitely be seeking legal assistance though, will be well worth the money.

Lawyer has basically said wait until he involves lawyers until then it's all hot air.

If he still hasn't got a lawyer then it does sound like he is full of it and is hoping you are going to pay up no questions asked.

Keep all documentation and wait. It is now up to him to prove you did the wrong thing. It's now his word against yours so he has to come up with the proof. It still sound suss and if it goes further I would be getting someone independant to make an assessment of the problem. Pulled out cords will not make you loose data.
If he has not got legal advice by now you wonder why not. He is trying to bully you into paying and hoping you will cave. It's a good thing you got legal advice so early.

Let him stress about it instead of yourselves.

Definitely document everything, including taking notes of any phone conversations. Try not to worry too much though. You would be amazed how many people threaten legal action, and then when they actually sit down and find out how much that legal action will cost them, they decide (sensibly) to just let it all go.

Have you raised with your lawyer the issue of having your final invoice paid? I'm not sure from your email if he sent you the invoice for having already had the locks changed, or if he sent you a quote for what it will cost if you don't return the keys? If its the latter, you could perhaps try a compromise - return the keys in return for cash (bank cheque would also be ok, but not personal/company cheque, or a promise to do an electronic transfer) paying your invoice. Sounds like he could be past it, but at the same time lots of people are bullies over the phone and via email, but crumble when faced with an actual person.

Thanks for the replies!

I have tried to compromise and offered to return the keys in exchage for payment but he won't budge.

He also stated in his last email that the "fatal error" that came up on the computer occurred while we where in the building because we pulled out the power cord. We did not pull any power cords out so it's so frustrating to be accused of it! I was also reading "fatal errors" can happen for lots of reasons.

What I don't understand is if some cords are pulled out he looses data but if there is a power outage he doesn't. That does not make sense.

He sounds dodgy to me - trying to bully you to get what he wants. You have been very reasonable and he has given you no proof in return. Heres hoping that he will back down by himself.