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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61284
Experience:  Qualified Solicitor
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I am in the situation that a client doesn't pay a invoice

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Hello
JA: Hello. How can I help?
Customer: I am in the situation that a client doesn't pay a invoice for a project I have terminated and delieverd months ago, in summer. The main person i wwas dealing left the company and everyone is trying to delay me or sometimes not knowing about project. Finaly they said the invoice is in progress but over months didnt get anything. I have tried to contact the director and they won't put me in contact. i said2 weeks ago if theinvoice its not payed i will get legal advice (action)
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I haven't discussed this matter with anyone leggaly, as I thought we can sorth this problem in good terms onlly with one of theire employee which keep delaying me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am the director of the company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Would be a cost involving in your advice?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How much are you owed and have they provided any reason at all for not paying you as of yet?

Customer: replied 14 days ago.
Hi Ben. The value of invoiceit's £1632 including the VAT. this was issued from 25th July.They didn't give me any reason. Just telling me they will deal with. I have asked to speak direct with the director and they refused to.
Customer: replied 14 days ago.
i know it's a small sum, but for me it's not. I am a small comoany and have no employee. so it's only me producing money

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. 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.

 

Does this answer your query?

Customer: replied 12 days ago.
Dear Ben

Many thanks for your advice. I will prepare a letter before action and hopefully he will settle the payment and avoid going in court for this sum, otherwise if the director or they, still ignore me I am ready to go forward as I put too much in my work and is not fair they have the services for free.
Many thanks and I will keep in touch.

Best wishes

Alexandra Pana

All the best

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