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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48796
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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You advised me last year when a client threatened legal

Customer Question

you advised me last year when a client threatened legal action after we didn't deliver EPOS equipment as part of a large website build following a cashflow issue as our bank pulled funding, however they already owed us money and hadn't fulfilled their side of the agreement so you advised we were safe. Had they paid what was owed we would have been able to supply the equipment.
because they insisted they would take action we kept the site live though hidden from google and invoiced for the hosting, licenses and SSL certificate as they hadn't terminated the agreement - six months on they say they are still going to take action against us and acknowledge they have received the hosting invoice but have not responded when I pointed out they hadn't terminated the hosting agreement.
the site is costing a lot to host - can we take them to a small claims court for this cost?
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.

Expert:  Ben Jones replied 1 year ago.

How old is the debt they have with you?

Customer: replied 1 year ago.
6 months - it was meant originally to enable us to keep the site live so that we could come to an agreement in court to compete the project - I don't think they really intend to make a claim against me but if I switch the site off it would not be possible to resume without considerable cost
Expert:  Ben Jones replied 1 year ago.

Thank you. If you provided them with a service, which they knew they were receiving and had not challenged, then yes you are able to take them to court for the costs associated with that. If they were unhappy with what you were providing or any costs to do with it, then they would have had plenty of opportunities to ask you to stop. By knowingly continuing to benefit from what you provided they would have likely signified their implied acceptance to the receipt of such services and as such you are able to charge them for it.

In case you need to know the steps to follow, then 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.

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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for the response
Expert:  Ben Jones replied 1 year ago.

You are welcome, all the best