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Jamie-Law
Jamie-Law, Solicitor
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We are a company that provides training. We are owed £10,900

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We are a company that provides training. We are owed £10,900 pounds by a firm that is a subcontractor to a national organisation that receives funding from the ESFA to deliver training. Bothe the sub contractor and the national organisation have both been paid for the work we completed.
The organisation states that we had no contract with them directly therefore they believe our claim is unfounded.
Advice please.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What is any reason for non payment?

Customer: replied 5 months ago.
No. A different director says he is looking into it. The money was due in Feb 2018

You need to write and set out your losses and request full 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.

You are entitled to compensation and interest at 8.5% under the Late Payment of Commercial Debts (Interest) Act 1998 from the date it became due.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
I am sorry but I do not believe you have answered my question. WE have already written to both parties and we have already registered the claim. We need to know how to respond to the legal letter from the national organisation which has been paid for our work but is threatening to apply to the County court to withdraw our claim and put the costs on us.

Ok - I can't see that part. It just says you are owed £10,9000 by a subcontractor.

your claim is to be against the firm you contracted with.

No-one else.

So if the second defendant was not a party to YOUR contract, then there is no claim against them.

So if the national organisation has not signed the contract between you and your subcontractor then there is no claim against them.

Only parties to the contract have a claim

Does that clarify?

Customer: replied 5 months ago.
Can you please clarify as the sub contractor did not pay us, but both the subcontractor and the national organisation have been paid for our work, is there no liability on the national organisation to pay us (as in a credit card transaction)?
Customer: replied 5 months ago.
AS the national organisation benefited from our work, is there not a implied contract with them, bearing in mind we have visited there premises and had meetings with them?

No. Not unless you have a contract signed with the national organisation

Your claim is only against the subcontractor. No one else.

There is no implied contract with the national firm.

It is like buying a Sony DVD player from Curry's.

Your claim is ONLY ever against Curry's and not Sony.

Does that clarify?

Customer: replied 5 months ago.

Can I help with anything else today please?

Customer: replied 5 months ago.
No

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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