Non payment!!!


This topic contains 1 reply, has 5 voices, and was last updated by  Tricia Jones 2 years, 4 months ago.

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  • #41088

    What does one have to do in order to get paid by an accredited training provider for whom you’ve rendered a service and who now is withholding payment for no good reason! Although a contract is in place and the account is now over 90days, the provider refuses to provide feedback in any form. Calls aren’t being returned! Mail’s are being ignored!!

    Is this how people run business’s nowadays!!! Shocking!!! The scary thing is that it is for this very reason that small business’s flounder! They rely soley on their clients honouring their agreements and in that way make running an honest a little easier!

    Does one need to now draw the line… maybe legal action is an inevitable, or possibly reporting the provider to the Seta or even posting all information and warning on a public forum so that poor unsuspecting business’s do not get caught out by this provider???

    Any suggestions???

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  • #41098

    Hello Tricia,

    If it is a valid case I would post the information on a public forum, the provider has the option to add comment. A collegue lost her business because of a similar situation where the provider kept on stalling payment. My advise, never do work where a contract is not firmly in place, where you do not have a valid order number and where a deposit is not paid, if they have the client they have the money. You have to get tough 90 days does not cut it. Really not fair and totally unethical. We live and learn, been there got the t-shirt, scary stuff!

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  • #41097

    Frikkie Stoltz
    Participant

    Tricia send me your contact details. frikkie. email : jfstoltz@gmail.com

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  • #41096

    Hi Nikki,

    Thanks for the advise… thought the contract would be enought, but look where thought got me!!! And the sad thing is that the client is a Seta….

    Nikki de Pina said:

    Hello Tricia,

    If it is a valid case I would post the information on a public forum, the provider has the option to add comment. A collegue lost her business because of a similar situation where the provider kept on stalling payment. My advise, never do work where a contract is not firmly in place, where you do not have a valid order number and where a deposit is not paid, if they have the client they have the money. You have to get tough 90 days does not cut it. Really not fair and totally unethical. We live and learn, been there got the t-shirt, scary stuff!

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  • #41095

    Hi Johannes,

    You can get me on tricia@thecapacitybuilder.co.za

    Johannes Francois Stoltz said:

    Tricia send me your contact details. frikkie. email : jfstoltz@gmail.com
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  • #41094

    Ashwell Glasson
    Participant

    Dear Tricia,

    Sorry to hear about the non-payment situation. Unfortunately, as I have personally experienced there are unethical providers out there that do not honour their payments obligations to facilitators, trainers, etc. Before providing advice in any form can I pose a few questions to you. What role did you fulfill for them? Without sounding rude, did you fulfill the requirements of the contract, as stipulated. If it is assessment or moderation and you have a route to follow via the SETA. You can withdraw your assessor registration and notify the SETA of the situation, whilst copying the training provider in question. This might elicit some kind of response. Normally providers get twitchy when the ETQA of their SETA is drawn into the process. You have several routes that you can go. Just ensure that you have an objective understanding of the contract that you signed with them. More to cover yourself than anything. In addition you could send a letter of demand for payment to them and also apply some reasonable form of interest for late payments over a certain period of time. The last one is highly contentious, which is to actually go to the client of the provider that you did work at, or for and highlight the issue with them. Some might say, that it i snot very professional, but in reality you are exposing the fact that their service provider is unethical. I would only recommend this as a last resort.

    Last piece of advice is that you look at standardising a contract template for yourself, including penalties and so on. Ensure that the template has a clear section for the scope of services and work in a detailed manner. In addition consider ensuring that you stipulate a deposit upfront between 20% and upwards depending on the nature of the work. This is a sign of trust and faith with both parties.

    Although limited in its advice. I hope this helps out. Sorry to hear about this.
    Kind regards
    Ashwell

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  • #41093

    Hi Ashwell,

    Thanks for the fabulously sound advice. You will however be deeply saddened to know that I have to date actioned all the suggestions which you’ve made, including informing Seta, informing the client and enlisting the help of a lawyer who has issued a summons and to date still nada… not even a phone call, mail, “bite me”, nothing!!! I’ve also since learned that the client is getting the run around as well!! How sad!!

    Ashwell Glasson said:

    Dear Tricia,

    Sorry to hear about the non-payment situation. Unfortunately, as I have personally experienced there are unethical providers out there that do not honour their payments obligations to facilitators, trainers, etc. Before providing advice in any form can I pose a few questions to you. What role did you fulfill for them? Without sounding rude, did you fulfill the requirements of the contract, as stipulated. If it is assessment or moderation and you have a route to follow via the SETA. You can withdraw your assessor registration and notify the SETA of the situation, whilst copying the training provider in question. This might elicit some kind of response. Normally providers get twitchy when the ETQA of their SETA is drawn into the process. You have several routes that you can go. Just ensure that you have an objective understanding of the contract that you signed with them. More to cover yourself than anything. In addition you could send a letter of demand for payment to them and also apply some reasonable form of interest for late payments over a certain period of time. The last one is highly contentious, which is to actually go to the client of the provider that you did work at, or for and highlight the issue with them. Some might say, that it i snot very professional, but in reality you are exposing the fact that their service provider is unethical. I would only recommend this as a last resort.

    Last piece of advice is that you look at standardising a contract template for yourself, including penalties and so on. Ensure that the template has a clear section for the scope of services and work in a detailed manner. In addition consider ensuring that you stipulate a deposit upfront between 20% and upwards depending on the nature of the work. This is a sign of trust and faith with both parties.

    Although limited in its advice. I hope this helps out. Sorry to hear about this.
    Kind regards
    Ashwell

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  • #41092

    Nigel Shipston
    Participant

    Hi Tricia,
    What did you tell the ETQA regarding this provider and what was the service you provided?

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  • #41091

    Hi Nigel,

    I told the ETQA the whole story and that I hadn’t been paid. They then contacted the provider and requested payment which seemed to fall on deaf ears. I did assessment work for them.

    Regards,

    Tricia

    Nigel Storm Shipston said:

    Hi Tricia,
    What did you tell the ETQA regarding this provider and what was the service you provided?
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  • #41090

    Nigel Shipston
    Participant

    Hi Tricia,
    As part of your Assessment Review process, try submitting an official Review report to the ETQA in which you highlight the accreditation requirement that the provider be financially sound. In this instance, you might mention that it appears that the provider is (under the circumstances of your non-payment) not financially stable, and that the ETQA should investigate and review the providers accreditation status. Send a copy to the provider as well. Use the usual words like “appears”, “allegedly”, “apparently” etc. to avoid legal backlash. If this gets no results, perhaps a request for advice could be addressed to the QA division of SAQA. That normally gets wheels moving quite quickly. Be interesting to see if more creative approaches are needed.

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  • #41089

    Great advice, thanks Nigel. If the summons doesn’t work, I’ll definately give that a try!

    Nigel Storm Shipston said:

    Hi Tricia,
    As part of your Assessment Review process, try submitting an official Review report to the ETQA in which you highlight the accreditation requirement that the provider be financially sound. In this instance, you might mention that it appears that the provider is (under the circumstances of your non-payment) not financially stable, and that the ETQA should investigate and review the providers accreditation status. Send a copy to the provider as well. Use the usual words like “appears”, “allegedly”, “apparently” etc. to avoid legal backlash. If this gets no results, perhaps a request for advice could be addressed to the QA division of SAQA. That normally gets wheels moving quite quickly. Be interesting to see if more creative approaches are needed.
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