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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70742
Experience:  Qualified Solicitor
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My partner did work for a customer which he is refusing to

Customer Question

Hi my partner did work for a customer which he is refusing to pay. A quote and invoice was accepted and the customers has paid the majority of the Invoice but £1280 is outstanding. Can i get advice on this please?
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: An invoice was sent for payment. He paid part of it and now £1280 is outstanding for payment, he has acknowledged we have chased him but he is refusing to pay the amount until my partner comes back and does more work for him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 4 days ago.
Category: Law
Expert:  Ben Jones replied 4 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 4 days ago.
Sure
Expert:  Ben Jones replied 4 days ago.

Hi there. Is the customer requesting unfinished work to be done or are they wanting work to be rectified?

Customer: replied 4 days ago.
They said they are not happy with the work however there is no other way that it can be done due to levels of the garden, but the man wont understand this
Customer: replied 4 days ago.
There have been issues with him paying along the way and I think he is trying to get out of paying the final £1280 the total invoice was £9280
Expert:  Ben Jones replied 4 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 4 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.gov.uk/make-money-claim. There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 4 days ago.
It has thank you very much for your help!
Expert:  Ben Jones replied 4 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best