The AW Amazon Store
Buy Books by AWers!

 

Welcome to the AbsoluteWrite Water Cooler! Please read The Newbie Guide To Absolute Write

Results 1 to 7 of 7

Thread: Carmel Business Sales

  1. #1
    New Fish; Learning About Thick Skin
    Join Date
    Aug 2013
    Posts
    3

    Angry Carmel Business Sales

    In early October of 2012 I was engaged to write website content for a new site by Mike Russell, the owner of Carmel Business Sales in Carmel, California. That site was for a Monterey in-home care service called Caring, Loving and Sharing, 15 site pages total. I'd sent a proposal to Mr. Russell that outlined the scope of the project, my writing responsibilities, and my bid, for $2,000. He came back with an offer of $1,200. We discussed it on the phone, and agreed to $1,700 for the completed project. My mistake was in not getting a signed contract, either on paper or by email, but since he had agreed, I worked on the project in good faith.

    I received an initial check in late October for $550 after most of the site material was completed. I received a second check in early December for $550 long after the fundamental writing was completed, but I was told that the company's website person was late in posting the material, thus the delay. In the meantime, I edited a brochure based on my site material for free. In late January, the site was fully online, and I sent in my final edits on February 1, along with my final invoice for the $600 balance.

    No response.

    I then sent him a number of emails over the next couple of months—all mild in nature, just inquiring why no response. No reply whatsoever. There had never been any friction between us over the course of my writing on the site, only responses of "good job!" and some editing discussion. So, he is now six months in arrears, with me having sent him a number of reminder invoices, never with any harsh message. I also sent a certified letter with an invoice, but it was sent back to me unopened.

    My request is simple: that he pay me what I'm owed, for the work I did in full.

  2. #2
    Seen 'em come, seen 'em go Gravity's Avatar
    Join Date
    Feb 2005
    Location
    Once you've heard the truth, everything else is just cheap whiskey.
    Posts
    3,852
    With no written contract, signed by both parties, you may be SOL on this one. Sorry!
    Last edited by Gravity; 08-15-2013 at 10:44 PM.
    John Robinson (formerly Cameron Bane ... RIP)

  3. #3
    Untold stories inside Ralyks's Avatar
    Join Date
    Feb 2005
    Location
    VA
    Posts
    1,003
    You have a verbal contract, which is legal, but harder to enforce. Send him an invoice with an interest charge for being late and see if he acts on it. Also, call him on the phone - you have his number.
    Fall in love all over again...

    https://www.facebook.com/romanceauthor

  4. #4
    banned as an incurable tosspot
    Join Date
    Dec 2011
    Posts
    6,543
    I'd advise sending via certified mail as well. Make three *documented* attempts.

    Then small claims court.

  5. #5
    Black belt in awesome scorpiodragon's Avatar
    Join Date
    Jul 2006
    Location
    surrounded by books
    Posts
    72
    Quote Originally Posted by Ralyks View Post
    You have a verbal contract, which is legal, but harder to enforce. Send him an invoice with an interest charge for being late and see if he acts on it. Also, call him on the phone - you have his number.
    The two checks for $550 you mentioned he already paid help your case as well. Your invoice should reflect these payments along with the remaining balance.

    If you haven't done so already get a copy of the checks from the bank for your records. Having documentation can be helpful if you have to escalate this legally. Any e-mail correspondence you have about the project will help to reinforce the point that you were both in agreement regarding the services provided.
    "Happiness isn't good enough for me. I demand euphoria!" ~ Calvin & Hobbes

  6. #6
    New Fish; Learning About Thick Skin
    Join Date
    Aug 2013
    Posts
    3
    Thanks John, I fear that as well. I have alerted the Better Business Bureau.

  7. #7
    New Fish; Learning About Thick Skin
    Join Date
    Aug 2013
    Posts
    3
    @Ralyks: I have gone back and forth in my mind about calling him; I guess I'm fearful of the confrontation, even if I'm in the right—still working on that. Not sure if the invoice with additional charges would be effective, since he's now six months in arrears and hasn't responded to any communications.

    @robjvargas: the first certified mail was returned as unclaimed; I might send another, but I suspect it will go unclaimed as well. From all my reading about small claims court, it isn't inspiring me to think the effort is worth it.

    @scorpiodragon: My invoices are all in order (in regards creation date/mailings), as well as the emails, though there's nothing from him from the point I'd finished the work, just from the administrative assistant. Of course I have all the "request payment" emails. I can also get electronic copies (that I can save) of the deposited checks.

    I am waiting to see what happens from the Better Business Bureau contact. Thanks to all you folks for writing.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Custom Search