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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a freelance contractor who has been providing marketing

Customer Question

I am a freelance contractor who has been providing marketing services to an organisation for the last two years. The MD sent an e-mail to me two days ago stating that she will not pay my January invoice for the work (mostly in her office) that I already have done for her. Her reasons are bordering on ridiculous (e.g. refusing to pay me for project managing/liaising on her behalf with a website company who she commissioned to rebrand the website, with who's work she is unhappy). I have no contract, but have been working for her for nearly two years, submitting itemised invoices (as I did for January). She has never voiced any dissatisfaction or queried any payment. My invoice is for £1200. I contacted her via e-mail disputing all the points in her e-mail and suggesting that she pay be 75% of the invoice and that I would go in to discuss the remaining 25% with her next week. She has deposited £200 into my account today, which I am not happy with. A few questions: 1. Do I have 'a leg to stand on' without a contract? 2. Could I take this to a small claims court? 3. Have I made a mistake in suggesting she pay 75%? 4. What do I do about he £200? - Should I refuse this? I'd be really grateful for your advice. I have never had any issues with other organisations I have worked for. Kind regards, Morag
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You do have a claim even without a contract.

Alex Watts :

You need to write and set out your losses and request full payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-o3o51102- :

Hello Alex,

JACUSTOMER-o3o51102- :

Thank you for such a speedy response. Just one quick question - what should I do re the £200 she deposited in my bank account today. Should I e-mail her to say I do not accept it or should I keep it and invoice again (for payment wihtin 14 days) for the £1000 balance?

JACUSTOMER-o3o51102- :

Thanks again,

JACUSTOMER-o3o51102- :

Morag

Alex Watts :

You should say you do not accept it.

Alex Watts :

Does that help?

JACUSTOMER-o3o51102- :

Yes thank you Alex. As she paid it directly into my account, should I ask her for her bank details to pay it back or write her a cheque?

Alex Watts :

Yes.

Alex Watts :

I would do tha

Alex Watts :

that

JACUSTOMER-o3o51102- :

Sorry Alex, not clear on your answer here - ask for the bank details OR write a cheque?

Alex Watts :

Either is acceptable.

Alex Watts :

Does that help?

JACUSTOMER-o3o51102- :

Yes thank you Alex

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

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