Owed money but self employed and no contract

micapainter

My husband has worked for this client before and were more like friends so he never felt the need to draw up a contract (lesson now learnt!). Last January they asked him to house sit and pet sit for the summer, with lots of text message exchanges and they'd paid a deposit to him. He also still has their house keys. The week before, they warned him they might have to cancel but weren't sure. They've been a bit flaky in the past too. They cancelled on the day he was due to leave by sending him a text as he was getting into his car. He'd had to take time off work from his full time job for this job and couldn't change his holiday last minute so his holiday was wasted. They told him, however, that they would 'still pay him of course', this was in July. But months have gone by, with a few text exchanges saying that they would still pay him but still haven't. It's only about £1000 they owe but we could really do with that money.
So last month we thought we try as a last resort to go through small claims court and that maybe it might scare them a bit to pay. But they've just responded with lies saying they'd offered to compensate him for his travel (even though he didn't even get to leave the house!), but even so, they haven't even done that.
They want to go through a mediator to find a resolution and text him saying that they're disappointed he's done this and would like come to an agreement for money. But we just want to find out if he has any rights if he declines their offer, because he doesn't have a contract, but he had a lot of text evidence of the work promised and also the money promised. Would the court see in his favour or tell him he's not entitled to anything?
I really want to get compensation for him as he's had so many bad experiences with past employers taking advantage of his kind nature that this one has really upset him as he thought they were honest people.

DE_612183

Have you got the texts that prove there was an "offer" in which case even if these is no physical contract it could be argued that one does exist.

If it were me - I'd go for the mediation - or now they are willing to talk do that before.

I'd also respond to their text about "disappointment" saying that you too are disappointed that they have not kept to their side of the agreement, and that only the lack of response has made you go down this path.

DullGreyGuy

You say you've done previous work with this person... was that done with a written contract or has it all been undocumented? If documented, what were the cancellation terms under that agreement?

micapainter

DullGreyGuy said:

You say you've done previous work with this person... was that done with a written contract or has it all been undocumented? If documented, what were the cancellation terms under that agreement?

No it was all undocumented unfortunately. My husband was just doing ad hoc work for them as a side hustle. 

micapainter

DE_612183 said:

Have you got the texts that prove there was an "offer" in which case even if these is no physical contract it could be argued that one does exist.

If it were me - I'd go for the mediation - or now they are willing to talk do that before.

I'd also respond to their text about "disappointment" saying that you too are disappointed that they have not kept to their side of the agreement, and that only the lack of response has made you go down this path.

Thanks so much, this is encouraging. Yes he has texts that confirm the offer for work and the pay. That's a good response to send to them, thank you.

CouldntResist

I think the argument about losing holiday is neither here nor there; partner asked for it and got it, no loss. 

If partner had lost out on other moonlighting work because of this you might get somewhere I suppose, but I think I might struggle with a straight face to claim someone owed me money for a casual job I didn't in the end do, and might wonder what my employer would think about it if they find out.

If you start getting legal, might the other side be tempted to ask if HMRC know about this historic side-hustle and might it cause you a problem?

DullGreyGuy

Having never operated under a written contract then you have a vague informal contract which doesn't state what the cancellation policy is. Mediation is probably your best choice now but going forward having a basic document as standard terms such as cancellation policy really removes the uncertainty of the whole matter and earlier cancellation gives more chance to mitigate costs. 

Savvy_Sue

If you would be prepared to take it on to court, then mediation would be generally advisable, because it puts him on the back foot if he has declined it. 

Marcon

micapainter said:

They want to go through a mediator to find a resolution and text him saying that they're disappointed he's done this and would like come to an agreement for money. But we just want to find out if he has any rights if he declines their offer, because he doesn't have a contract, but he had a lot of text evidence of the work promised and also the money promised. Would the court see in his favour or tell him he's not entitled to anything?

Mediation is the best way to take this forward. It has a very high success rate, and is cheaper, quicker and less emotionally draining for all parties. I doubt you'll still be friends at the end of it, but you could be surprised at the absence of ill-feeling and enmity once things are sorted out.

micapainter

Marcon said:

micapainter said:

They want to go through a mediator to find a resolution and text him saying that they're disappointed he's done this and would like come to an agreement for money. But we just want to find out if he has any rights if he declines their offer, because he doesn't have a contract, but he had a lot of text evidence of the work promised and also the money promised. Would the court see in his favour or tell him he's not entitled to anything?

Mediation is the best way to take this forward. It has a very high success rate, and is cheaper, quicker and less emotionally draining for all parties. I doubt you'll still be friends at the end of it, but you could be surprised at the absence of ill-feeling and enmity once things are sorted out.

He doesn't want to be friends with her anymore, they weren't that close anyway. But you're right, it'd be better and quicker to go through mediation and move on sooner, hopefully.