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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6411
Experience:  English solicitor with over 12 years experience
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The client I have had trouble with who has not paid his

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Hi, the client I have had trouble with who has not paid his invoices for 3 months is now claiming breach of contract. (not sure on what grounds - think it is just a threat) He never told me at the time that I was in breach (when invoices were first sent) or gave me an opportunity to explain or rectify any problem. Does he have grounds to do this?

Hello,

 

If he alleges breach of contract, it is up to him to show how and why.

 

You should ask him for evidence of the same.

May I help further?

Customer: replied 11 days ago.
Thank you - he has not said how and why. I said I would need to make a claim for the invoices if thy are not paid, which he said he would dispute and claim breach. I guess I will just have to wait and see!

I have another contract with him, which he did pay for (after chasing) but I had advised on 2 e-mails prior to the payment that I would not be able to work on any work with him unless all invoices were paid. He ignored both e-mails stating this. When he paid that invoice eventually, I replied saying thank you, but reminded him twice that ALL invoices needed to be paid to continue (but he ignored e-mails). A month later, he claimed breach for this contract (a common theme...) because of not doing work he had paid for. I acknowledged this and explained my reason and also gave him the month free to compensate.

Surely I am not in breach if I advised beforehand and during that this was going to happen, whilst also coming up with a resolution to calm him/make him happy?

You have acted reasonably in that case as the client is in breach by not paying and you are within your rights to withhold services until payment is made.

 

You may make a claim online at www.moneyclaim.gov.uk if you wish to.

 

All the best. Please click on 5 stars

UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you! I thought I had, but I needed to check. Many thanks, K
Customer: replied 11 days ago.
Sorry just a quick one... so if I have 2 separate contracts with a client and they withhold paying invoices on one contract, am I able to refuse to work on both contracts until all invoices are paid? Or is that like holding them to ransom?

You may argue that it is your policy that all arrears are settled by the client before you may continue work. You should also include provisions in your contract saying this.

Customer: replied 11 days ago.
Ok thanks, I will do from now on. If this doesn't stand, surely me offering a solution to provide an extra month free would show willing to offer a solution? (they never replied to that message) After a couple of weeks he said he was too busy to discuss... It will be 5 weeks the role will be at a standstill (which in my terms, state that if the role is on hold for more than a month, the full fees apply) So if he still claims breach, then he is breaching there also... I guess we have to come to a compromise?

Yes, a compromise would be good as I would advise going to court over this.

Customer: replied 11 days ago.
I should go to court over this? I have hundreds of e-mails of abuse, ignoring of e-mails etc.. so feel the court would hopefully look at the circumstances around this. When I asked if he would confirm if he would pay me if I continued work for him, he never replied... so it's more all the e-mails which highlighted to me that he just didn't want to pay.
On his last e-mail to me when he said he wouldn't pay me and dispute/claim breach if I made a claim, but on the same e-mail he said that if I waited until his deal closed in 2 weeks, he would pay my fees... like all the other people looking to take him to court for money.. (I have on e-mail that he will pay fees, so surely he has to?)

Sorry, I meant "I would not advise"...

Customer: replied 11 days ago.
OK, will hope he pays (as he confirmed in-mail) or that we can come to some sort of agreement. Many thanks

You are welcome, good luck.