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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a cleaning company and one of my clients who has signed

Resolved Question:

I have a cleaning company and one of my clients who has signed a contract which expires December this year has asked for some changes to the contract over the last 6 months which I have accomodated. She now has refused to pay an invoice , where do I stanD, BUT HAS NO COMPLAINTS TO DATE.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why is she refusing to pay the invoice?

Customer:

She has not said she has asked for a breakdown and profit margins on all the work carried out on a daily/monthly basis. Which I will give to her excluding profit margins.

Customer:

But have requested payment for work already carried out.

Ben Jones :

How much does she owe you?

Customer:

To date 22,000./

Ben Jones :

When was the payment due?

Customer:

25th April

Ben Jones :

Is the client a company?

Customer:

Yes, but they had signed a 2 year contract with us and no complaints have ever been made regarding the cleaning and maintenance work carried out. Contract signed by the ceo at the time.

Ben Jones :

ok thanks let me get my response ready please

Customer:

thank you

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.


 


An alternative is to issue a formal statutory demand, which if it remains unpaid would allow you to commence direct insolvency proceedings against the company and for example seek to wind them up, forcing them to pay you as a result because you would be a creditor.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Is it possible for me to send the contract to you to read and advise.

Ian

Expert:  Ben Jones replied 3 years ago.
Hi, how long is the contract?