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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My small business had a six month contract with a client

Customer Question

My small business had a six month contract with a client with an agreement by email that he could opt out at 6 weeks if he felt he wanted to. My client did not exercise his option to stop at six weeks and continued our relationship including meetings and a long trail of emails until 12 weeks at which point he decided he wanted to terminate our agreement. We accepted his decision and stopped at 12 weeks without question.He now insists that he should only pay for six weeks as he had an option to stop then (but didn't exercise) I believe my business should be paid for the 12 weeks work that we did for him. Please advise? Binky Collins
Submitted: 1 year ago.
Category: Law
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. Did you do the usual work you would have done for him in the last 6 weeks of the agreement?
Customer: replied 1 year ago.
Yes.
Expert:  Ben Jones replied 1 year ago.
You will have the stronger position here because there was an option for the customer to end the contract early, but they failed to exercise that. Not only did they fail to do so but they continued to use yours services so in the absence of a cancellation you continued to provide your services in good faith and should be compensated for that. You are therefore correct that you can pursue them for payment for the 12 weeks rather than just the 6 weeks – the contract should have been terminated by them as per the terms for any liability towards you to have terminated. This is your basic legal position. I have more detailed advice for you in terms of the options you have should they fail to pay you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Thank you for your answer much appreciated.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Expert:  Ben Jones replied 1 year ago.
Hello how would you get the customers email address?

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