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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 101731
Experience:  Counselor at Law.
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By the grace of G-DHi,I have a case regarding a

Customer Question

By the grace of G-D
Hi,
I have a case regarding a Breach of Contract; I am owed $9,626.25.
After sending the demand letter [seen below] for immediate payment, the other party immediately wired me [the same day] a partial amount ($4,335.00) but …
[blubber ahead] they said that there is a “discrepancy between their 2 time-tracking systems; 1 time-tracking system displays the correct hours, the other shows less. They
want me to solve this discrepancy and then they will pay "promptly" the full amount.”
[end blubber]
Here is the text of my demand letter, and the response below:
==========
By the grace of G-D
Shmuel XXXXXXXXXXX
June 21, 2015
XXXXXXXXXXXX
Dear XXXXXXX
The purpose of this letter is to demand payment of money owed regarding your Agreement.
On April 06, 2015, you signed an Agreement in my favor for Automation Engineering. The current balance owed under the Agreement is $13,961.25.
As you can see by the enclosed copy of the Agreement, you are now past due in making payment.
Demand is made upon you for full payment of the following amount:
Principal Balance $13,961.25
Total $13,961.25
If payment is not made by July 17, 2015, legal action to enforce your obligations under the Agreement may be taken. Please give this matter your prompt attention.
This is the address that you listed and is the address that I will be using to correspond with you unless I am given updated information; which I have not been given up to this point. You may contact me if you have any questions or need additional information. I can be contacted via e-mail at***@******.***.
Sincerely,
Shmuel XXXXXXXXXXX
==========
The response was:
==========
Hey Shmuel, As you're aware, there is a discrepancy in the hours you submitted to XXXXX and the hours you posted in XXXXX. You posted a total of 262 hours inXXX and only submitted 92 hours to XXXXXX, which leaves 172 hours in dispute. In order to resolve this issue we need your assistance. In the interim, to show good faith,compensation in the amount of $4,335.00 will be wired to your account on file today. Once the discrepancy in hours has been resolved, the agreed upon remaining compensation will be wired to your account promptly. Please contact Clinton to reconcile hrs. Once that is resolved we will wire the reconciled amount. Questions on payment can be addressed to Jim XXXXXXXXX. Thanks.
XXXXXXXXXXXXXX
==========
The other party is now incompetently lying to try to cut the payment in half.
Proof of the lies & incompetence:
1. They said:
"You posted a total of 262 hours in Taskman and only submitted 92 hours to Amplify, which leaves 172 hours in dispute."
Lets see: 262 - 92 = 170
But anyways, let's get to the real meat of their lies; this is the email I got:
=================
Shmuel,
Maintaining a good relationship with Amplify is OmniTI's first priority. When they requested a much larger discount, we negotiated it to $10,000 and offered it as a good faith measure to account for the discrepancies and wasted (off-track or unacceptable) work.
We feel that this situation was brought on by your failure to accurately log hours as explicitly required, as well as your poor collaboration performance leading to misunderstood requirements, unauthorized exploratory work, and time spent by your colleagues performing rework. Thus, we feel that responsibility for that $10,000 discount lies with you.
Of course preparing, reviewing, and following up on the report requires enough effort on our part - effort that distracts us from our primary goal of serving clients - that we are willing to offer to split the difference with you at this time; you provide us with a $5000 discount on your invoice, and we will pay the remaining $5000 as payment in full.
Please let us know your decision by the end of the day Friday June 26th.
Thank you, *****
=================
Let me respond 1 by 1.
"your failure to accurately log hours as explicitly required" - This is a lie since they did not explicitly require me to log hours; if they did - show me proof!
Some background here: When I started the contract at OmniTi everything went well and they paid me every 2 weeks.
But when Clinton realized I'm billing 12-14 hours/day @ $85/hour - which is more than he makes on his salary - everything started going sour (on his end).
Clinton started complaining about my work etc.
Anyways, further on:
"as well as your poor collaboration performance" - what? explain? "...leading to misunderstood requirements..." you mean requirements that you (Clinton) failed to explain in detail - as evidenced by the fact that ultimately, you (Clinton) started detailing every requirement in the task description. So the "poor collaboration performance" was in fact your poor performance.
"...and time spent by your colleagues performing rework..." - nonsense!
"...Thus, we feel that responsibility for that $10,000 discount lies with you...." - again, motivation: Clinton's salary is less than my 14 hours/day @ $85/hour, but anyways...
"...Of course preparing, reviewing, and following up on the report requires enough effort on our part - effort that distracts us from our primary goal of serving clients - that we are willing to offer to split the difference with you at this time; you provide us with a $5000 discount on your invoice, and we will pay the remaining $5000 as payment in full..."
How about some elementary math?
Total past due: $13,961.25
Recently paid: $4,335.00
Total past due now: $9,626.25
Will a summons distract you, Dear Clinton?
In light of the above, I’m ready to send this:
==============
Clinton,
My legal response will arrive by certified mail, unless I am in receipt of the entire total amount due now: $9,626.25.
Shmuel
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I do not quite understand what you are asking here - what is your question, exactly in regards ***** ***** above?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Hi,1. The above can be easier to read here: http://pastebin.com/raw.php?i=dC2ZAF2C2. My question is:
In light of all the above, do you have a better idea - or, (I highly prefer) - confirm that my small, concise & to the point letter is a good idea. To quote, this is the bot***** *****ne:From: Shmuel Goldstein
To: Clinton.Hi,My legal response will arrive by certified mail, unless I am in receipt of the entire total amount due now: $9,626.25.Shmuel
Expert:  Ely replied 1 year ago.
Shmuel,
Thank you for your explanation.
Understand that this is all simply private correspondence. Unless one of the letters has an admission of receipt of money, or waives their right to collect, or something else material to the breach of contract case, then the private back and forth has little bearing on the actual suit itself.
As such, there is nothing wrong with sending another curt, short demand. However, they may simply disregard it, and many would choose to simply file suit instead of the back and forth correspondence.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.