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What is any reason for non payment?
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?
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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.
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?
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.
Can I help with anything else today please?
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