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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Hi there, I have invoiced a UK company on an ongoing basis

Resolved Question:

Hi there,
I have invoiced a UK company on an ongoing basis for the past year and have always received prompt payment. recently, communication has broken down and they have refused to respond and have not paid several outstanding invoices, totalling £1650.
The invoices are to a company I used to work for full time, however there is no contract with these invoices stating a date when it must be paid.
Do you know what my legal rights are in terms of trying to get this paid by them?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to sue them?
Customer: replied 3 years ago.

I think it would amount to a cost higher than the amount I am owed so I would like to avoid it if possible.

Expert:  Jo C. replied 3 years ago.
Not for £1650. Its a small claims court sum so it would be under £100.
The problem would be that it would poison your relationship with them probably but that said, if they are not paying then probably you don't want to waste your time on them.
You can issue here
www.moneyclaim.gov.uk
In terms of other options, you can always send them a letter before action warning of your intention to sue within 14 days if they do not pay. Maybe they will ignore it. Maybe not. Sometimes it works.
Ultimately though, if they just dig their heels in then your only option is to sue. There is no other way of forcing them to pay.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

That's brilliant, thank you.

Just if you could clarify my legal position in terms of the fact that my invoices had only the basic information on. I did not add a payment term, so I didn't for instance add that I needed to be paid within 30-90 days. I left that completely blank as I believed there was good will there.

In terms of the relationship, it has already been soured by actions their end and it was my decision to discontinue working with them so threatening legal again is not a problem. If I claim through a small claims court, is the legal term to use still 'to sue'?

Expert:  Jo C. replied 3 years ago.
It doesn't make any difference. There was clearly a contract even if it wasn't reduced to writing. You could prove the payment terms by reference to previous payments and anyway a court will not infer that you meant they could take as long as they liked.
Yes, you still sue at the small claims court.
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