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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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, We recently completed a re-wire of a school client

Customer Question

,
We recently completed a re-wire of a school client The project was sub-contracted by the builder to my client.
After finishing the re-wire the builder approached me and asked if we would work direct, in effect, cutting out the 'middle man'. I informed my client that I had been approached direct and asked what he wanted me to do. I did not tender project and no works were completed.
I invoiced my client school re-wire when we completed, there was no valuation involved as he had already stated I would get paid when the job was finished. The invoice was for £42,000 approx. I met with my client yesterday, at his request, as the monies were still outstanding. He requested the meeting as he had a proposal to put to me. I requested details of his proposal prior to the meeting, which he did not provide.
At the meeting he stated that as I had stolen his client he would not be paying the full invoice amount. He offered to pay £22,400 and if I did not accept he would put his limited company into administration and I wouldn't receive anything. He stated that he already has a new company set up, ready to trade (which I do not believe as I can't find anything registered at Companies House). He has provided me with a breakdown of what he has deducted, amongst other items - £7870 (he had no labour on site), £250 employees to wear his company branded t-shirts, £500 manual that was never handed to the client.
My client was aware that all the materials project are on my trade account and the bill is 2 months overdue, due to his non-payment.
Before releasing funds I had to agree to send an email confirming that I would not issue any further invoices to his company works at the school. I emailed confirmation but stated that the items he wanted credited were fictional and at his request. He then phoned and made me re-send the email with this parts deducted. He has released the £22400 but I need to know where I stand in recovering the remaining money. Can I take him to court to ask of what he has made me deduct?
He gave me no time to consider the requested and made it very clear that this was the only offer I was going to get. I requested a breakdown of his labour which has refused to provide (as obviously he can't). he stated I agreed to the £250 t-shirts in my contract - we have no contract.
He also stated that he was deducting money in lieu of the fact I would be receiving work form the builder that should go to him. I checked with the builder there is no contract that states he will receive their electrical works, just as there's no guarantee I will receive any works from them.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : How much is outstanding now please?
JACUSTOMER-y1pt3psq- :

JACUSTOMER-y1pt3psq- :

Approx £11,500

JACUSTOMER-y1pt3psq- :

I did use his son as labour which he invoiced me for, totalling just over £2000. He has deducted this amount and £915 alarm materials he paid for.

JACUSTOMER-y1pt3psq- :

He is also made a prior payment of £5000 as my suppliers were chasing me. This a week before our meeting yesterday.

Alex Watts : Ok let me think about this and get my response ready
JACUSTOMER-y1pt3psq- :

One other point is that I have Purchase Orders full amount.

Alex Watts :

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



If they do not refund 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.pdfand 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation . Any claim for £10,000 or over and you will need to get representation as it wont be a small claim and procedures and rules need to be followed



Can I clarify anything about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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

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