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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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In Sept 2014 I was asked to do some Social Media and Marketing

Resolved Question:

In Sept 2014 I was asked to do some Social Media and Marketing work for a company. I was engaged to do this work by a friends mother, who is a consultant for the company. As I'd known the family for many years I started work but did not put any terms and conditions in place.
I was paid for my first two months invoices, albeit rather later than I would have like, but then the owner of the company started questioning the value of the work. My role was to grow the social media numbers, which I had done, but at the suggestion of the consultant I was asked to put forward other ideas to grow the business by the consultant (friends mother). In mid November the owner was becoming increasingly unhappy and critical and was making demands that were impossible for me to fulfill. However, he did not attend the meetings I asked for or formalise the work programme. I sent a number of documents during November asking for sign off on the work programme but he did not respond to any of them.
Eventually the consultant and I talked and I said I was very unhappy with the situation and it was agreed that she would discuss the situation with the owner to get clarity but that in the meantime I should proceed by doing two hours social media per day until I was advised otherwise. In mid December I received an email from the owner saying that they would be hiring an in-house marketing person and they would no longer need my services. He asked that I continue with the two hours a day social media until 31st December. Which I did.
I submitted the November invoice in early December and the December invoice in early January. In early/mid January instarted chasing the November invoice - with no reply.
After a couple of weeks I got an email from him saying that he would be paying the November invoice. A few days later he sent a note saying he was querying whether I hiad worked Christmas Day and Boxing Day and that he would be looking into this. I had done the required hours in Christmas Day and Boxing Day and said that the posts on social media would show that.
I went into the Facebook account only to find that someone had gone into the site and deliberately deleted all the posts between 21st and 30th December. I then got a note from him saying he had a dispute with my December invoice and he is putting it in the hands of his solicitor so I should take legal advice. I have since found that there is a way of getting the evidence of the Facebook posts back.
I still have not been paid for November either and I do not have the funds to go to a solicitor. Do I have a case for claiming these monies through the small claims court?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have you obtained the evidence now that the post were made?
Did you agree in writing (i.e by email) a figure for your time and work?
How much are you owed?
Kind regards
AJ
Customer: replied 2 years ago.
Whoever deleted the Facebook posts clearly didn't realise that these posts are automatically replicated to Twitter so I have retrieved them from the Twitter account. I have them as screen shots.
There was nothing formal in writing. I was told by the consultant (friends mother) that I would be paid £15 per hour and this is the rate charged in my September and October invoices both of which were paid. This same rate was charged in the November and December invoices which are outstanding.
The amounts are £1040.00 and £930.00 respectively.
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately this is a straightforward claim for the recovery of money.
What you need to prove is:
1. You agreed a price for work;
2. You did the work agreed;
3. You invoiced for the work and that invoice is now outstanding.
What I suggest you do is the following - write this individual a letter stating:
- He has no right to dispute that you did not do the work as you have proof the work was carried out - refer to the screen shots and enclose copies;
- Say your invoices for the agreed services are now due and payable;
- Say if payment is not forthcoming within the next 7 days you reserve the right to take any action available to you including county court action - and you will seek to recover interest and any cost associated with bringing the claim.
If he still does not pay within 7 days you can commence a money claim online here https://www.moneyclaim.gov.uk/web/mcol/welcome
Who are your invoices made out to? Is it a limited company?
I look forward to hearing from you.
Kind regards
AJ
You can also claim statutory interest from the date of Judgment at 8% per annum
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