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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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We recently plumbed a house, we had no contract signed with

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Hi, we recently plumbed a house, we had no contract signed with client , I gave a quotation and the client accepted, there is £2000 outstanding on the main contract and £1500 on additional works and changes.The client is refusing to pay using numerous excuses and reasons and counter charges. I have emailed him several times to meet and settle the account but he refuses. He claims he wants to go legal which Im more than happy to do. How do you propose I move forward legally.RegardsDeclan

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you carry out this work?

Customer: replied 3 months ago.
October 2017 - completed February 2018

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. If he is refusing to pay and wants you to make a formal legal claim, then you may have to do that as your next step.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 3 months ago.
Thanks ben
Yes i have read your response and issued him with a final invoice giving him 7 days,to make a final payment, he willnot pay im guessing so can i just go ahead and start ccj online straight away

you can do so at any time, especially if you have given him the final chance to pay and advised him you will be going to court if he does not pay. Hope this clarifies?

Customer: replied 3 months ago.
Will proceed with ccj on monday, on numerous emails he has slandered my name and my co also , is this now a seperate legal matter

the slandering you mean?

Customer: replied 3 months ago.

yes it will be a separate claim, and quite a complex one to be honest so I would not recommend it - sent her a warning that it is defamation and that you will consider legal action if she continues, but realistically it is not a claim you would be pursuing. Does this clarify?

Customer: replied 3 months ago.
well not really. i thought slander was just as bad as being a racist,everyones name is ***** ***** them so why should anyone have the right to slander it and not ans for it,but i would just settle for a written apolgy

I am only telling you the legal position…

Slander is not as bad as racism – one is criminal, the other is not. Defamation is a civil wrong and you have to make a civil claim to pursue it. If you want to spend £15k+ on a claim with no guarantee of anything then you are more than welcome to do so, but I doubt you would do that hence why I said it was not a realistic option

Customer: replied 3 months ago.
ok good advice ben,lets just stay legal and peruse the ccj,and see what happens,
Ben on a different note, i rate you after every conversation or after the case time

you can rate now, the question will not close, thank you

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