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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
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Madam, I am a sub-contractor who has not yet been

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Dear Sir/Madam,
I am a sub-contractor who has not yet been paid for works carried out in August 2015 which were correctly invoiced in September 2015. I have an oral agreement with CGTworks, the company who hired me and therefore I believe the new regime for payment and pay less notices, under the Housing Grants, Construction and Regeneration Act aplies in this case.
CGTworks never disputed the invoice, the amout itself or the quality of my job and because of my good faith and the good relationship I had with the company and the owner I have been patient for more than 6 months and as recently as Jan 2016 I received written communications from the company stating that the reason for the missed payment was to do with absence from the office of the accountant and the people responsible for making the payment.
As I have still not received payment I have now raised a claim via the small money claim court and the company has disputed the amount in full citing bad quality of work resulting in delays and damages they claim I am directly responsible for and that is why they are not paying the September 2015 invoice.
This was never communicated to me and as far as I am aware never documented and it is in my opintion jsut an excuse not to pay. Speaking to a few sub-contractors about my situation I also understand now that this is a widely used practice at the company and that CGTworks does whithold payments from sub-contractos on a regular basis without following the proper process.
I have now the option to take them to court so my question is how likely I am to win the case considering the above? Apart from full payment of my invoice what other type of compensaion can I seek ( damages, diffamation, false evidence) ?
best
Umberto Camisani
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.You need to write and set out your losses and request payment 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 pay 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?Alex
Customer: replied 1 year ago.
Hi Alex,Thanks for your answer but if you read my question again you will noticed that I have already gone to Court and done all you have described here ( which is what I have also described in my question). That is not the question I have asked and you have not provided me with a satisfactory answer. Can you please read again and reply? thank you very much
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. At what stage of the legal proceedings exactly is the claim?
Customer: replied 1 year ago.
Hi Ben,as I said in my previous message the claim is with the small money claim court and as the defendant has disputed the entire amount I have been given the option to go through mediation ( but I want to be paid in full) or go to court. This is the stage of the claim right now.
I think I have grounds to take them to court and as them to pay court fees plus damages. If I did this what is the likelyhood I would win the case and what other type of compensation can I ask for?
Expert:  Ben Jones replied 1 year ago.
Hello Umberto, I agree that you have grounds to take them to court and you have done the right thing by initiating a claim on the basis that no payment has been forthcoming all this time. You have completed the works, have heard nothing in relation to the quality of the work you did, issued an invoice but have yet to receive payment. Suddenly, and only after making the claim, you have been told that there were issues with the quality of workmanship. It does not mean that this was not the case, but you would have expected to be advised of this at the time and been given the opportunity to rectify any issues, yet this is only a reason which has come up when they were faced with a court claim. At this stage it is important to understand that it would be impossible to tell you if you will be successful or not if you continued with the claim. There are far too many factors on which this would depend, such as the evidence available (documentary and verbal), how you come across to the court, who the court believes after they have head your sides of the story, etc. For example, I do not know what evidence the company may come up with to argue that the quality of work was unsatisfactory. I understand that you dispute that, but they have the right to argue differently and provide their own evidence to support this so at this stage we simply do not know what they may come up with and as such it is impossible to discuss prospects of success. The outcome of a claim also depends on the judge on the day, especially if the sides come up with equally string evidence – one judge on one day may come to a different conclusion to another judge on a different day. So whilst you certainly have grounds to make the claim, based on the limited information on evidence it is not possible to tell you if you will win or not. As to what else you can claim for, you mention damages, defamation, false evidence, etc. What damages have you suffered apart from the unpaid invoice? Has this directly resulted in further costs to you? Defamation I would steer clear of – it is very complex and expensive and possibly not going to qualify here either – concentrate on the matters at hand, which are the unpaid invoice and any direct associated costs stemming from that. As to false evidence – it is not a claim you can make, it just means that if you can show that this was the case, your claim will be stronger and you can undermine the credibility of the other side which can help you in your main claim. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Customer: replied 1 year ago.
Hi Ben,my understanding is that according to the Housing Grants, Construction and Regeneration Act that govers all written and verbal contracts CGT works is required to send a pay less notice withing the period specified in the Act ( if not specified in the contract) from the payment last date and as they have not done that surely I must win the case otherwise what is the whole point of sending invoices and asking for payments if companies can get away with this depending on this or that judge?I am absolutely confident that my work was done in the right way but I do understand the need of documenting one's work. I also believe that wear and tear can play a bit role especially after more than half a year especially if the material provided is not of good quality.
Additionally, even if they had a chance to do it, they did not raise a counter claim so shouldn't this case only be about the missed payment? Shouldn't anything else they are claiming be part of a separate case?
Expert:  Ben Jones replied 1 year ago.
You are never guaranteed to win a case – you may have strong prospects of success but in the end the outcome does not just depend on one law or rule – when the case comes up in front of a judge, they will consider a lot more than just this one point and there could be other factors which can influence their decision. There could be reasons as to why the other party did not do something or did something. So however strong your case, going to court always has its risks. I agree that they have not made a counter claim at this stage and if they do not do so then the claim will proceed as it is now – it will be just for the missed payment but the court will also consider why the payment was not done and this is why they can consider these other ancillary issues to determine if the other party had the right to withhold payment. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 1 year ago.
Hi Ben, yes it does thank you for your help
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best