Invoices unpaid after 3 months.. How to proceed???

Premier_2

reehsetin wrote: »

vague memories from studying - would there not be an implied contract due to his previous history with the company?

Possibly. I tried to hint at that later in my post

Premier wrote: »

...The fact the company has paid you in the past may help your claim but equally may not. ...

wIcKiD

Thanks for all your replies. It is always good to hear from more experienced people and people with similar experience.

The main reason I am annoyed is that it took them more than 3 months to ask for more details even though I had sent an email reminder and a phone reminder in between. It was only after I sent the second email reminder that they wanted more details of the work done. I would have happily provided this if asked within a month's time.

The email correspondences during this time show that there was an issue and they wanted me to sort it out. They were desperate at that time to get everything back up and running!

wIcKiD

covlass wrote: »

We took a customer to court this year, not so much for the unpaid invoice as it was not a large amount of money bit more for principle. Goods ordered in may invoice to be paid within 30 days, a number of letters sent 7 no response was received, until a phone call in december ! The lady said she was new club secretary and that she was disputing the invoice. we explained that as it was nearly xmas and our busiest time of year we would call in the new year and sort it out until then the claim would be left on hold. We called as promised on the number she gave us which did not exist and the original number but could never get to speak to her. We continued with the claim which ended up going to court, she sent documents stating distance selling regs, obviously had not got a clue about it as it does not cover business to business and then proceeded to call us lyres as she never ordered the goods ! Odd as in dec she stated she was new and had just taken on the position ! To cut it short we attended court the first time she did not as she had been up the night before with one of her children, the 2nd time again last min she did not attend but claim went ahead with out her. We provided copies of all letters and invoices and we won invoice total, court costs and interest.
The invoice originally was only £153 but it was the principle we have worked hard building up our company and we have a good reputation and we were not willing to lose that the money was not an issue in the end.

Have you asked for a detailed reason as to why they are disputing you invoice & work ask for this in writing if not. This will give you the chance to build you case if you go to court.If the claim goes to court (there are steps prior to this stage) you are prepared to fight your case.

You are right - It is the principle! If they had asked me politely for more time, I might have agreed to it, but this is different. They are acting like I owe them money!

Just so that I can be prepared.. Can you please let me know the procedure to take them to court? Did you go through Small Claims Court? What are the prior stages to this?

Thanks!

covlass

If I was you as I said before I would write to them asking for a detailed full explanation as to why they are disputing your invoice & work before going via small claims. This will also help you build your claim against them, do not just accept the fact they have had some else check your work.

http://www.hmcourts-service.gov.uk/onlineservices2/progress_claim/judgment.htm

This link will explain more in detail the process of making a small claim on line by using MCOL.

The steps the claim will take really depend on

a) they ignore the claim
b) admit they owe the amount in full
c) dispute the claim in full
or d) admit that they owe some but not all the amount

It is very straight forward to use MCOL

But be prepared that they may dispute and the case will end up in court.

Ps I am not a lawyer or a legal expert

Forgot to add if it goes to court you will have to write a witness statement one copy will go to the court the other to the defendant. The defendant will also have to provide you and the court with one also. This is so both parties and the judge are all clear about the facts surrounding the claim as they do not give you a great length of time on the day. Hopefully it wont get to this stage.