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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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i run a minicab company and in 1998 we started delivering urgent

Resolved Question:

i run a minicab company and in 1998 we started delivering urgent parcels for tnt express uk acting as subcontractors for them. we were told that we will be paid on weekly basis. we were told to send invoice of the weekly work and they will send payment in to our bank. first 4 to 5 weeks the payment was received on time but after that the payment was never on time or for the amount invoiced. sometimes paid after 4 weeks sometimes after 3 months and the amount they paid was not for the full amount outstanding. this lead to a debt of over £12,000 from 1998 to 2007. during all this time i was pursuing them for payment of the outstanding amount but except promises received nothing. i had meetings with managers of the local depo and were given excuses for the delay in trying to resolve this matter. in 2003 they said that because of the mismanagement by their staff they could not trace all the paperwork therefore they are only prepared to pay half the amount i claimed which was rejected by me. i rejected on the basis that tnt received all the money from the customers for the work which we carried out on their behalf therefore they had no reason not to pay me. also i paid this money out of my pocket to my staff for carrying out this work for tnt express.

the most recent correspondence with them was in 2012 when i had a meeting with their operations manager. i provided him with all the invoices which have not been paid and was promised that he will get this matter resolved. few weeks later he rang me and asked me to come up with a figure which was acceptable for me in order to bring this matter to an end. i wrote to him that i was willing to accept amount of £9,000 in order to close this matter. the reason i was willing to accept this lower figure was that because of this my business suffered as well as my family. also the reason i could not take them to court was that all the money i had was paid to my staff for carrying out this work for tnt. therefore because of the financial circumstances i could not take them to court.

all this time i have felt helpless because i dont know who can help.

i would very much appreciate your advise in this matter.

Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Has the £9K payment been made to you?
Customer: replied 3 years ago.

this amount of £9k was the minimum i was willing to accept.the person i had meeting with said that his seniors were not willing to pay this amount therefore i stopped talking with them and told them that i was taking the matter to court.

Expert:  Alice H replied 3 years ago.
OK thanks.

What exactly would you like to know from me?
Customer: replied 3 years ago.

£9k was not paid to me.

Expert:  Alice H replied 3 years ago.
Do you want advice on how to start a claim?
Customer: replied 3 years ago.

i want to know if i can start a claim despite the length of time or what will make these people come to the table and resolve this matter.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Jenny replied 3 years ago.
Hello would you still like help with this?
Expert:  Alice H replied 3 years ago.
Hi Salim

Apologies for the delay. I was offline after 23.00.

I think the older invoices - especially the ones going back to 1998 will be a problem for you. By law any claim for breach of contract has to be issued within 5 years.

However, even though a considerable amount of time has passed you are well within your rights to demand payment of the sums due. I also suggest that any claim you issue in Court is for the full amount. The other party or the court can then decide how much should actually be paid to you.

Under the Civil Procedure Rules you have to send a letter of claim to the other party before you issue proceedings and should give them 14 days to respond. Failure to do this could be held against you when it comes to the issue of costs.

I suggest you draft a letter long these lines:

The letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information.

The letter should include –
(1) your full name and address;
(2) the basis on which the claim is made (i.e. why you say the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated;

The letter should also –
(1) list the essential documents on which you intend to rely e.g. copies of all invoices;
(2) if you are willing to resolve the matter by way of dispute resolution (which is an informal way of dealing with the matter without court proceedings then you should say so);
(3) state the date by which you consider it reasonable for a full response to be provided by the defendant - usually 14 days; and
(4) identify and ask for copies of any relevant documents not your possession which you wish to see e.g. any correspondence about your claim.

After you send your letter wait 14 days for a response. If the response is not satisfactory then you should start your claim and I can advise you on that step if you need help.



Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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