Advice on filing a CCJ against a client

wafflewaffle

Hi there,

Not sure if I'm in the right forum, so sorry if I'm intruding!

I work as a self employed graphic designer and have done for 5 years now.

I did some website designer for a website developer and this was completed to his brief 2 months ago. When I sent him the files (screen visuals) to look at he acknowledged receipt of them and also acknowledged that he was really pleased with the work and that all his fellow band members (it was a website for a band he's in) also liked the website design and that he would get back to me over the next couple of days with a "few amends".

I waited and waited and then 2 weeks later chased him on the amends. He apologised he was taking so long and would get back to me over the next couple of days. He never did. So i chased a week later etc etc and this has now gone on for nearly 3 months. I then invoiced 2 weeks ago and emailed him and said that he's left me with no choice but to invoice for the entire job as the work was completed to spec. He promised to make payment within a few days and, of course, he didn't.

My invoices always have a 2 week payment term on them. When this was reached I chased him again and told him he leaves me no option to take further action to recover the debt. He replied saying that I can't invoice him for work that is incomplete upon which i pointed out that it is only incomplete due to him not returning to me with the"simple amends" and that it is his actions (or lack of actions) that is obstructing the job completion.

Even though this is only for a few hundred pounds, to me, it is the principle of it all. As a self employed person some companies try to pull the wool over your eyes and try, at times, to skip payment. On principle I'm willing to drag him through the courts. I'm a stubborn !!!!.

My question is really to ask for your advice. We had no contract, but there must be a level of fairness that comes into play in the courts. All the work, briefing, and quotes and communication is by email so I have that as evidence against him. Even the emails that acknowledge he's happy with the work done and also the email that acknowledges he owes money and has made promise to pay it (even though he didn't). Do you feel that nearly 3 months of waiting on him and chasing him is fair to say "enough is enough" and file a CCJ with him? (I try to justify it by saying to myself that if it was a decorator that was hired and painted a full house and has so far waited 3 months for the homeowner's feedback and payment, they would surely have sued by now!).

I do feel this guy has no intention to pay or just play games.

Many thanks!
Katy

ValHaller

Your big misconception is that there is no contract. There is a contract in that you have undertaken to do work for a price. The difficulty is establishing the exact terms of that contract, because it is probablu partly verbal and partly embedded in email correspondence.

Being a bit blunt - and I feel it is justified, given that you are in business - you need to have more clue about the nature of a contract and about defining Terms and Conditions within your contracts to avoid the potential ambiguities of the contract you do have. Otherwise your naivety may cost you a lot in work you do without recompense.

I would suggest that you proceed like this:

1. Send an email stating that you have completed the work - mention the date when you sent it - and that you are now awaiting notification of the amends in order to complete the work and that if no notification of amends is received within 28 days, you will proceed on the basis that the work is entirely acceptable
2. Print that email off and send a copy by first class post from a Post Office and get a Certificate of Posting
3. After 28 days send an invoice by email and by post
4. After a further 28 days send a reminder
5. After 14 days, send a Letter before Action, stating that the invoice is unpaid and if it is not settled within 21 days, you will take the matter to court.
6. After 21 days file a claim with the court.

Note that the periods given above are just suggestions. You need to allow a 'reasonable' time.

In all of this, make sure you are invoicing the right person or body - the one you contracted with. If you reach stage 4, do come back for more advice - the following steps are more to give you an overview. Keep copies of everything and certificates of posting.