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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a website that offers businesses animated videos, we

Resolved Question:

We have a website that offers businesses animated videos, we offer if the client doesn't like it they don't have to pay, if they do like it, the charge is £295 and that includes our adding it online etc. I have a client, a firm of accountants who requested we make the video, we did so, the client took ages coming back to us, when they did they asked for advice where to get stock images and videos etc, we spent along time working with them and advising them. The client stated they wanted amendments and it would be a couple of weeks before they sent them over, time kept passing, I therefore asked the client, look, as this is taking so long and the video is sat on our systems and servers, can we send the invoice over and then just wait for you too come back to us, below is the actual email they sent over
Morning Kevin
It is fine for you to send the invoice as it is likely to be two weeks before we can send through amendments.
We will put the other videos on hold that I mentioned previously for now.
Thanks
Clare
I sent the invoice over, the time passed for its due date and I called to ask when it would be paid, the accounts dept advised me, clare who I deal with didn't send the invoice for payment could I resend it, I did so, again the time passed for the payment to be made, I emailed and was advised it would be on the next payment run, this turned out to be 29th May, on 29th no payment no email, I emailed and asked if payment had been made, no reply, 1st june I emailed again direct to clare and accounts advising I wasn't getting any reply from either claire or the account s which I found rather odd, so called them and spoke with their accounts office, they said the payment was being made as I was on the phone and would receive it the next day, I then get this email below
evin
Some of the emails to myself and our accounts department have remained unanswered as we have been unable to respond to the considerable number of emails and calls being received from NETV.
It is unfortunately the case, having spoken to one of our Partners, we have decided not to proceed with the video for this reason.
Regards
Clare
My question is, would I win a small claims at court? can I take this company to court for the non payment of the invoice as they have done nothing but mess me around since dealing with them?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Yes in my view. You were invited to send the invoice over. This is a clear intention to create a contract. As such you should be compensated for the work done.
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.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 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 for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

The client has stated to me, that as the video was not finished despite all the work involved, the video was not therefore completed nor delivered and they received nothing and therefore are not due to pay anything, to be honest the work involved was more time than anything else and constant chasing to them probably to the same value as the £295 invoice, there argument will be though that the video was not finished even though they invited me to send an invoice, is there any legal jargon we can use for a small claims as all communications are being ignored and will their defence stack up in court thats the million dollar question, I know the amount is small, however for me its the principle

Expert:  Ash replied 1 year ago.
That is not the case. The law states you are entitled to a reasonable fee for reasonable work done. It does not have to be complete.
Alex
Customer: replied 1 year ago.

ok brilliant, my last question is, what would you charge to write them a letter for me on official headed paper from a legal expert fighting the case and hopefully this would sort the mess out once and for all without the need for a fight in court, and you say the law states I am entitled to a reasonable fee for reasonable work done, can you send me a link to this law incase it does go to court and I can point it out in court, but hopefully a letter will suffice from yourself, let me know the fee

Expert:  Ash replied 1 year ago.
Sadly I cant do that. The site does not allow me to be instructed direct.
Section 15 Supply of Goods and Services Act 1982.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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