Unpaid invoice.

hsev

Hi, I'm not sure if this is the right place to post but I'm looking for some help regarding an unpaid invoice.

In 2012 my husband worked for 9 months on a conversion project for his parents. It was always agreed that he would be paid for this work but at the time no formal invoice was issued. He has received no payment for the work and in 2016 his father died . My husband has tried numerous times to speak to his mother but she refuses to even acknowledge the debt they are now no longer on speaking terms. In July last year he sent out an official invoice, 2 subsequent reminders have been sent and then a letter explaining that if the debt is not paid he would have no choice but to start legal proceedings.
The prooerty has now been put up for sale. What are the best next steps?
Should he now just go straight into a courtt claim? Or would this be better dealt with through solicitors?

marliepanda

hsev wrote: »

Hi, I'm not sure if this is the right place to post but I'm looking for some help regarding an unpaid invoice.

In 2012 my husband worked for 9 months on a conversion project for his parents. It was always agreed that he would be paid for this work but at the time no formal invoice was issued. He has received no payment for the work and in 2016 his father died . My husband has tried numerous times to speak to his mother but she refuses to even acknowledge the debt they are now no longer on speaking terms. In July last year he sent out an official invoice, 2 subsequent reminders have been sent and then a letter explaining that if the debt is not paid he would have no choice but to start legal proceedings.
The prooerty has now been put up for sale. What are the best next steps?
Should he now just go straight into a courtt claim? Or would this be better dealt with through solicitors?

So really this has came down to a he said she said argument?

What proof does your husband have that this work was undertaken for his parents with a view to him receiving payment.

Why has he left it until 2018, 6 years after the work was completed, to pursue this.

A judge is going to look at the facts. The work was done 6 years ago. No formal agreement is in place. One half of the party you are suing is dead.

hsev

Thank you for your reply,
There is photographic evidence of him doing the work along with the fact he was there everyday with all the different trades coming in and out, who could confirm if nessesary he was there . There was a verbal contract in place and he has been perusing it since the work was completed but to no avail, he sent starting a paper trail in 2017 ( 5 years later). I believe you have 6 years to send out an invoice.

ScorpiondeRooftrouser

What did he actually do, physically? Is he a builder?

hsev

He did all the preliminary work such as knocking down walls, removing fixtures etc, then did stud walling, plastering, stone walling etc. At the time that was the sort of work he did.

shortcrust

hsev wrote: »

Thank you for your reply,
There is photographic evidence of him doing the work along with the fact he was there everyday with all the different trades coming in and out, who could confirm if nessesary he was there . There was a verbal contract in place and he has been perusing it since the work was completed but to no avail, he sent starting a paper trail in 2017 ( 5 years later). I believe you have 6 years to send out an invoice.

If that's all there is I'd say there's zero chance of getting the money through the courts. It's common for family members to help out for free on projects so the photos and him being there don't provide any evidence that there was a verbal contact in place. It really is your word against his mum's.

I do feel for you both, more about the relationship breakdown than anything else.

marliepanda

hsev wrote: »

Thank you for your reply,
There is photographic evidence of him doing the work along with the fact he was there everyday with all the different trades coming in and out, who could confirm if nessesary he was there . There was a verbal contract in place and he has been perusing it since the work was completed but to no avail, he sent starting a paper trail in 2017 ( 5 years later). I believe you have 6 years to send out an invoice.

I'm not sure simply confirming he did the work would be proof that he intended to be paid for the work.

My Dad helped me renovate my house. I have many photos of him renovating my house. Doesnt mean we had a contract for me to pay him.

All I am sayingis if you do take this to court you need some proof that there was an agreement between your partner and his parents that payment was expected for his work.

ScorpiondeRooftrouser

I would have thought that if he was a self-employed builder at this time, and can show that he did spend a great deal of time on this project, to the detriment of his other work, that would have to count towards showing that he did expect to be paid for it.

Can he show that? Did he pass up other work for this, and will his accounts show a big hole for those nine months?

hsev

Thank you,
Yes there's a 9 month gap of very little payments coming in during his time working there, he managed to squeeze a couple of bits of work in during that time but very little, his books will show this.

I think maybe after reading this a solicitor would be best before applying to the courts. It's very difficult when it's family, you are trying to keep the peace but they are willingly screwing you over.

CIS

Within contract law a valid contract must consist of agreement, consideration and an intention to form a legal relationship - without all of these it's not a valid contract.

The well established presumption is that agreements between family are not meant to be formal contracts (i.e no intention to create a legal relationship) unless there is evidence to show the contrary - if this evidence can be produced to demonstrate to the courts on the balance of probabilities that there was a legal contract then they can find in your favour.

ScorpiondeRooftrouser

CIS wrote: »

Within contract law a valid contract must consist of agreement, consideration and an intention to form a legal relationship - without all of these it's not a valid contract.

The well established presumption is that agreements between family are not meant to be formal contracts (i.e no intention to create a legal relationship) unless there is evidence to show the contrary - if this evidence can be produced to demonstrate to the courts on the balance of probabilities that there was a legal contract then they can find in your favour.

I have no legal knowledge, but I would have thought the fact that he was working in the capacity of his day to day business, that he suspended most other work in his business for that period and has documentary evidence to show that he had little other income for that time would go a long way toward demonstrating this.