I had a right to stop payment on the check, right?

[1GirlTwinBoys]

How should I handle it now?

 

Last Monday, I had a company come to my house to do some handy type work. One of the jobs was to fix the toilet. I told the man I was not happy with one of the jobs that he did, which caused the wall needing to be patched, painted etc... Anyway, I paid him a check for approx: $245. He left and went to his van. I checked the toilet and it was still not working properly, so I went outside before he had pulled away to let him know, and he looks at me and just takes off.

 

I immediately called my bank and explained the situation to the mgr. She told me that I had a right to stop payment on the check because the work was incomplete. I put a call in to the company owner and he called me within an hour. I explained the situation to him and he said he would send another worker out later that day to fix the problems. I was not happy as this caused me to lose an entire day. I had company coming the next morning from out of town and needed to get things done. He did not apologize at all for my inconvenience and sounded like I was messing up their schedule because he had to send another worker out. I refused to let the original worker come back to my house. The worker that came out to my house later that day, did fix everything, including the terrible wall repair that the first guy did. The job is complete.

 

I've checked my bank account and the check did not clear but I've not heard from the company at all. How should I handle it at this point, or what should I expect?

Edited July 25, 2012 by 1GirlTwinBoys

[Jean in Newcastle]

Did the company send out a second worker and fix both the toilet and the wall? (I got a bit confused, sorry.)

[1GirlTwinBoys]

Yes, I was editing that while you posted I guess.

[IsabelC]

If the work has now been completed to your satisfaction, I would say pay them.

 

You could phone them first, let them know how inconvenient the delay was for you, and request a discount. But either way, I'd take action rather than leaving them unpaid and not making contact.

[Catwoman]

If the job is done, I would expect the company to send you a bill, and if you intentionally stopped payment on the initial check without telling them you did so, I wouldn't be surprised if they add an extra charge to your bill to cover the bank fees they incurred if they tried to cash it or deposit it.

[Tap]

How should I handle it now?

 

Last Monday, I had a company come to my house to do some handy type work. One of the jobs was to fix the toilet. I told the man I was not happy with one of the jobs that he did, which caused the wall needing to be patched, painted etc... Anyway, I paid him a check for approx: $245. He left and went to his van. I checked the toilet and it was still not working properly, so I went outside before he had pulled away to let him know, and he looks at me and just takes off.

 

I immediately called my bank and explained the situation to the mgr. She told me that I had a right to stop payment on the check because the work was incomplete. I put a call in to the company owner and he called me within an hour. I explained the situation to him and he said he would send another worker out later that day to fix the problems. I was not happy as this caused me to lose an entire day. I had company coming the next morning from out of town and needed to get things done. He did not apologize at all for my inconvenience and sounded like I was messing up their schedule because he had to send another worker out. I refused to let the original worker come back to my house. The worker that came out to my house later that day, did fix everything, including the terrible wall repair that the first guy did. The job is complete.

 

I've checked my bank account and the check did not clear but I've not heard from the company at all. How should I handle it at this point, or what should I expect?

 

I would just call and talk to the manager. I would expect to pay for the work so I would want to make sure they had at least one good check.

 

I wouldn't want to leave the company holding a check that wasn't good (if you didn't tell them you canceled it). Small companies don't always have a lot of time between getting paid for jobs and writing payroll checks.

[Jean in Newcastle]

If the job is done, I would expect the company to send you a bill, and if you intentionally stopped payment on the initial check without telling them you did so, I wouldn't be surprised if they add an extra charge to your bill to cover the bank fees they incurred if they tried to cash it or deposit it.

 

:iagree:

[danybug]

I think you had every right to stop the check. At this point, I would contact the manager or whoever is in charge and discuss your inconvenience and disappointment with their service. Even if they came back and fixed it the first worked should not have been so unprofessional and they should have offered and apology the first time around. I would offer to pay but express you feel like you should have a discount for all the inconvenience. I am sure they would rather make a discounted price than nothing.

 

We had something similar happen a few months ago with a plumbing service and the manager took a huge portion off our charges in hopes of satisfying us.

Edited July 25, 2012 by danybug
Typo

[1GirlTwinBoys]

I wasn't going to try and not pay them, but I wasn't sure if I'm just supposed to wait for a bill, or do I let them know what I did and ask for the original check back before submitting payment again? I don't want to take any chances on being turned over to a collections company, as I have extremely good credit.

[IsabelC]

Well, from their POV, you have given them a check that bounced. So I think it would probably be best if you contact them ASAP rather than waiting for a bill.

[Tap]

I wasn't going to try and not pay them, but I wasn't sure if I'm just supposed to wait for a bill, or do I let them know what I did and ask for the original check back before submitting payment again? I don't want to take any chances on being turned over to a collections company, as I have extremely good credit.

 

If you didn't tell them, you should call and let them know. If resonalble, I would take them a new check and get a receipt for payment on the spot. As of right now, you have written them a bad check and not made arrangements to replace it. They could call the police and file charges against you. Unless you made arrangements to be 'billed' I wouldn't expect to have them send me one.

[Jean in Newcastle]

The thing is, you should have not given him a check until you checked the work. If you had, you would have been within your rights to refuse to pay him on the grounds that he did not finish the work as stated. You could have then called his boss and negotiated. It doesn't mean you can't negotiate now but at this point you had paid it and then reneged. You need to be on the phone doing a bit of damage control. Hopefully they will give in graciously and it can be settled.

[LBS]

I would keep the bank manager in the loop, as a reference. OP says she called the owner of the business within an hour of stopping payment on the check, if I read correctly, so he should not have tried to cash it. I would leave the hold on that check if there is no fee for it, and offer to pay the worker the original cost minus the fee for holding the check. Obviously holding the payment was neccessary to get the job finished satisfactorily. A workman drove off, while you were talking to him? Really? that is not acceptable.

[Catwoman]

Well, from their POV, you have given them a check that bounced. So I think it would probably be best if you contact them ASAP rather than waiting for a bill.

 

:iagree:

 

I think you should call them first thing in the morning. Don't apologize for stopping payment on the check; just explain why you did it, and make arrangements to give them another check.

[1GirlTwinBoys]

Well, after checking my account online, somehow the check cleared the bank yesterday.:confused: Guess that matter is all taken care of.:) That's what I was afraid of happening if I submitted another payment. Good thing I didn't assume the bank would honor that stop payment...

[sunnylady303]

Well, after checking my account online, somehow the check cleared the bank yesterday.:confused: Guess that matter is all taken care of.:) That's what I was afraid of happening if I submitted another payment. Good thing I didn't assume the bank would honor that stop payment...

 

Don't assume it went through. Having done that before and having a sister who is a teller, I know that it will appear to have cleared when the check comes through and show up on your account, then the next day or two be added as a credit saying the payment was stopped. Just FYI. Wait a day or two before assuming it didn't. I think it is safer to assume that the bank will honor their end. You could always call a human at the bank and ask. They should be able to tell what will happen.

[Mommyfaithe]

All I can say is it really s*cks being that guys boss!,! Seriously! The employee will act like that, get fired and then go out on unemployment ( paid for by that boss) and then complain there is no work. :glare:

We have such a hard time hiring competent, skilled MEN to do a days work....and my dh is the most honest, hardworking boss out there.

 

Call the owner...tell him what happened and that you will cut him a new check. Try to keep communications open. It is a strange, sad time we live in for sure!:confused:

[Cera]

I think you had a right to not pay him or to stop payment on the check but I don't think you handled it very well.

 

You should have told the company owner that you were going to stop payment on the check until you were satisfied with the work that was done and then given him a new check as soon as the problem was fixed since the company policy appears to be to collect payment when work is complete.

 

If the check did go through you got lucky, if not the company may very well charge you a bad check fee.

[1GirlTwinBoys]

I think you had a right to not pay him or to stop payment on the check but I don't think you handled it very well.

 

You should have told the company owner that you were going to stop payment on the check until you were satisfied with the work that was done and then given him a new check as soon as the problem was fixed since the company policy appears to be to collect payment when work is complete.

 

If the check did go through you got lucky, if not the company may very well charge you a bad check fee.

 

 

Why should I tell the owner I'm going to stop payment??? It takes at least 24 hours for that to be applied by the bank and I didn't want him cashing the check quickly. Again, the worker looked at me and took off when I tried to get him to come back in and fix the problem.

 

The bank mgr. told me I had a right to hold or stop payment on the check if the work is incomplete. I did not write a BAD check and it wasn't returned for NSF.

[KnitWit]

You need to check with your bank and find out if the check is on the way back to the company. If they DID stop payment, then you should let the company know. It would be courteous.

 

Honestly, I understand your frustration, but to the owner's credit, he IMMEDIATELY made it right.

 

We were in the construction business for years. We had a few losers work for us, until we discovered they were losers, but we ALWAYS made things right. Always. However, sometimes it was impossible to get someone out as fast as he did.

[1GirlTwinBoys]

The bank was able to take the hold off the check and are going to let it still process through. All is good and the company is getting paid, as they should.:)

[QueenCat]

to the owner's credit, he IMMEDIATELY made it right.

 

nm

[1GirlTwinBoys]

This... you didn't even give the owner a chance to make it right before you stopped payment.

***************

 

That's because when the worker just looks at you and takes off in his van, you might feel like you've just been wronged. Not a good feeling seeing him take off like that. What was I supposed to think...

[Jean in Newcastle]

***************

 

That's because when the worker just looks at you and takes off in his van, you might feel like you've just been wronged. Not a good feeling seeing him take off like that. What was I supposed to think...

 

You were supposed to think that the worker was an idiot and a call to the owner would probably make it right.

 

But - honestly - it's all over now, right?

[1GirlTwinBoys]

You were supposed to think that the worker was an idiot and a call to the owner would probably make it right.

 

But - honestly - it's all over now, right?

 

 

I had no way of knowing weather or not the owner would make it right.:confused: I wasn't willing to get ripped off for $244 if he wasn't going to make it right. And yes, it's over.

[Slipper]

I'm glad you were able to get everything resolved. :) Just as a FYI, we had to stop payment on a check years ago. I was furious when I saw it in my cleared check items online. When I called the bank they told me not to worry, sometimes checks would be deposited and show as cleared but they would always reverse within a day or two (and it did). You may want to keep an eye on it and make sure that the reverse on the hold went through and it doesn't accidentally become a stop payment.

[1GirlTwinBoys]

I'm glad you were able to get everything resolved. Just as a FYI, we had to stop payment on a check years ago. I was furious when I saw it in my cleared check items online. When I called the bank they told me not to worry, sometimes checks would be deposited and show as cleared but they would always reverse within a day or two (and it did). You may want to keep an eye on it and make sure that the reverse on the hold went through and it doesn't accidentally become a stop payment.

 

 

Yeah, I keep checking my account each day to see what's going on with it. Hopefully no issues and I won't have to submit a new payment.:)

[KnitWit]

The bank was able to take the hold off the check and are going to let it still process through. All is good and the company is getting paid, as they should.:)

 

What a relief for you! :)

[KnitWit]

FWIW, I would have stopped payment also. Not all people have the character that owner did. Once your money is gone, it's gone. It's a pain to get something made right if they cash the check and run.

[Catwoman]

I'm glad everything worked out OK in the end, but I'm sorry you had to deal with the situation at all. If the original guy had just done his job properly and not acted like an idiot, there would have been no issue with the check at all.

[1GirlTwinBoys]

FWIW, I would have stopped payment also. Not all people have the character that owner did. Once your money is gone, it's gone. It's a pain to get something made right if they cash the check and run.

 

My thoughts exactly!!! It happens all the time. We're new to this area and not knowing anyone or having recommendations makes it more difficult.

[TranquilMind]

So, did you stop the check or not? I could not tell from your post.

 

You always need to give a business a chance to make it right first (absent criminal offense or something serious). Company did make it right. You should not have stopped the check. If you did not, there is no problem. Wait awhile, see if it clears, and if not, call back and find out if they decided not to charge you.

 

If you did stop the check, the company can charge you, or can turn you over to the prosecutor's office for writing a bad check. I never stop checks. I would require reimbursement if something went wrong, and only after there is a paper trail. He said-she said does not help you.

[QuirkyKapers]

I'm glad everything worked out OK in the end, but I'm sorry you had to deal with the situation at all. If the original guy had just done his job properly and not acted like an idiot, there would have been no issue with the check at all.

 

 

:iagree: It is so hard to find people who will do their job and do it well.

[TranquilMind]

Why should I tell the owner I'm going to stop payment??? It takes at least 24 hours for that to be applied by the bank and I didn't want him cashing the check quickly. Again, the worker looked at me and took off when I tried to get him to come back in and fix the problem.

 

The bank mgr. told me I had a right to hold or stop payment on the check if the work is incomplete. I did not write a BAD check and it wasn't returned for NSF.

 

If you wrote a check and then stopped it, and the company does not get paid, you have written a bad check and are legally liable. Call the bank and see if it was stopped. If it was, it will be removed from the company's bank account when the stop goes through. Then, company owner is going to be rightly angry. You should drive over there and pay him in cash, if the check was stopped, or expect consequences.

[kricau]

If the job is done (completely fixed everything-even the wall) then you need to call the company and negotiate a price. I would NOT pay the full amount, because of all the hassle they put you through.

[KnitWit]

If you wrote a check and then stopped it, and the company does not get paid, you have written a bad check and are legally liable. Call the bank and see if it was stopped. If it was, it will be removed from the company's bank account when the stop goes through. Then, company owner is going to be rightly angry. You should drive over there and pay him in cash, if the check was stopped, or expect consequences.

 

As a former business owner in the same type industry, I disagree. She called and complained immediately. He got someone out immediately. If he gets angry after she gives a simple explanation of why she stopped payment, HE is unreasonable. She did post that all is well. I think it was reply #21.

 

Honestly, folks in the remodel/repair/construction industry are used to this kind of thing. Unfortunately, gone are the days when these trades bore family names and therefore the reputation mattered so much that great care was taken on the FRONT end to be sure the customer was happy by the person actually doing the work, because it was HIS family name. Too often it is just as most other businesses, *just a job* and therefore no pride in their work. We had a HARD time finding people who cared. They would do the least amount and want the most pay. But...that's a rant for another thread. :lol:

[TranquilMind]

MSPolly: As a former business owner in the same type industry, I disagree. She called and complained immediately. He got someone out immediately. If he gets angry after she gives a simple explanation of why she stopped payment, HE is unreasonable.

 

It is manifestly unreasonable to refuse to permit someone a reasonable period of time to make something right, before stopping payment on a check.

 

 

Honestly, folks in the remodel/repair/construction industry are used to this kind of thing.

 

Because of people that do this kind of thing regularly, those of us who deal with contractors regularly are subject to ridiculous hoops. I've been in the landlord/remodeling business for decades and have longstanding relationships with almost every type of tradesman, but when I use a new one, I have to violate my business policies because of people who don't pay or don't pay immediately, as I do. I had an emergency deck repair, which I decided to go ahead and make a replacement. The best recommended guy in my area demanded that I put 50% cash down prior to the work being done. I don't do business that way; I pay immediately upon completion. This wasn't a huge house remodel...it was a deck surface replacement. He told me that because all of these people he doesn't know fail to pay, he had to take it up front now. We came to a bit of a standoff, because my business policy contradicted his business policy. I was in a corner so I gave way, and he did do the work as agreed, and promised me that next time, I don't have to jump through the new customer we-don't-trust-you hoop.

 

They aren't "used to it". They simply have to work with this business reality of what people do.

 

 

Unfortunately, gone are the days when these trades bore family names and therefore the reputation mattered so much that great care was taken on the FRONT end to be sure the customer was happy by the person actually doing the work, because it was HIS family name. Too often it is just as most other businesses, *just a job* and therefore no pride in their work. We had a HARD time finding people who cared.

 

It is hard. But it is possible. It just takes some trial and error.

 

 

[TranquilMind]

The bank was able to take the hold off the check and are going to let it still process through. All is good and the company is getting paid, as they should.:)

 

Good. I just saw this. I'm glad it all worked out.

 

Of course, we will still argue the merits, the ramifications, and the parameters of this for two more days! ;)

 

(just kidding, I think)

[Jennifer3141]

If the work has now been completed to your satisfaction, I would say pay them.

 

You could phone them first, let them know how inconvenient the delay was for you, and request a discount. But either way, I'd take action rather than leaving them unpaid and not making contact.

 

:iagree:

[KnitWit]

Because of people that do this kind of thing regularly, those of us who deal with contractors regularly are subject to ridiculous hoops. I've been in the landlord/remodeling business for decades and have longstanding relationships with almost every type of tradesman, but when I use a new one, I have to violate my business policies because of people who don't pay or don't pay immediately, as I do. I had an emergency deck repair, which I decided to go ahead and make a replacement. The best recommended guy in my area demanded that I put 50% cash down prior to the work being done. I don't do business that way; I pay immediately upon completion. This wasn't a huge house remodel...it was a deck surface replacement. He told me that because all of these people he doesn't know fail to pay, he had to take it up front now. We came to a bit of a standoff, because my business policy contradicted his business policy. I was in a corner so I gave way, and he did do the work as agreed, and promised me that next time, I don't have to jump through the new customer we-don't-trust-you hoop.

 

They aren't "used to it". They simply have to work with this business reality of what people do.

 

 

 

 

It is hard. But it is possible. It just takes some trial and error.

 

 

 

Hate to tell you this, but this is COMMON policy where we are. For one thing, there got to be too many people *overbuilding* and overextending themselves. You let yourself work your butt off to complete a job and then be told they are out of funds and "get in line" a few times and I can promise you will ALSO be asking for money up front. We actually asked for money to cover all materials and start up labor up front, then at the halfway point, we'd get a draw and then at the end we'd get the balance minus an agreed upon amount for punch list items. We had a reputation for quality and people knew they could trust us based upon word of mouth recommendations.

 

Burn me once, shame on you. Burn me twice shame on me...won't happen a third time.

 

When I say they are "used to it"...I speak from my dh's 30 years experience in that trade. Yeah...you get used to dealing with people who have been burnt on both ends and WE could extend some understanding as long as there was communication.

 

Maybe your area of the country functions differently. :)

Edited July 26, 2012 by MSPolly