Subcontractor has refused to sent a copy of an invoice.

amstel78

Hi guys,

I am going to a Small Claims Courts and I need an invoice as a proof.
I have asked a subcontractor to send me a copy of the invoice as the old one has been lost.
The subcontractor has refused.

I have contacted HMRC but they said that they cannot do anything

Mistral001

I went to the Small Claims Court a few years ago and a copy of my invoice was the first thing the judge asked for. I am not sure how much weight the judge would give to verbal evidence in lieu of an invoice. You will be sworn in so it could carry some weight, but I am not sure how much.


PS, Is the sub-contractor, the person you are taking to court?

Savvy_Sue

If the OP raised the invoice then if he has lost it he's on dodgy ground.

But I don't see why anyone else would be required to find a copy for him. HMRC would not have details of invoices at all.

OP, if it is NOT the sub-contractor you are taking to court, how nicely have you asked? Offered anything in return for their trouble?

Aquamania

amstel78 wrote: »

Hi guys,

I am going to a Small Claims Courts and I need an invoice as a proof.
I have asked a subcontractor to send me a copy of the invoice as the old one has been lost.
The subcontractor has refused.

I have contacted HMRC but they said that they cannot do anything

I'm not really sure what you mean. What invoice do you need? An invoice you previously raised and wasn't paid? Or an invoice you received and paid, but never received the goods or services it was for?

If you plan to raise a claim, it is for you to prove that claim (based on the balance of probability)
Most small claims (and certainly this one) usually are founded on breach of contract. What you really need is the contract. An invoice is simply a demand for payment.

Having established the contract exists, you need to demonstrate that you fullfilled your part of the contract.
e.g. if you are a gardener and landscaped someones garden then some photos of ideally before and certainly after will probably demonstrate you did the work.

If you employed a subcontractor to do the gardening, then photos will again demonstrate the work was not done. You could prove you paid the gardener by obtaining a copy of the cheque you paid with, or showing a bank transaction to the subby, or even a bank statement showing you withdrawing £500 on the day you claim you paid £500 in cash may do it.

If the person you are claiming against is simply saying they have not paid you since they claim you have not invoiced them, then send them an invoice.

If the defendant is going to rely on in court an invoice they have previously received, then they will be forced to provide you a copy of that when the judge orders that such documents are exchanged. The judge will do this before any hearing, so that both parties are fully aware of all the facts.