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ReadyLaw
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I am a small business owner and have an outstanding bill

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Hello! I am a small business owner and have an outstanding bill from a client. As per our contract, they are obligated to make payment within 2 working days but it’s been two months now. I have been lenient as this client has always paid on time previously. She did give us consent to take the amount from a Stripe connection that would charge her automatically, however after this date she then said she’d use another payment method. I would like some advice on how we can proceed, and if we can legally charge the outstanding amount through Stripe as written consent was given.
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Where are you? It matters because laws vary by location.
Customer: London, UK
JA: What steps have you taken so far?
Customer: I have followed up with the client but they stopped responding. We told them our next step will be legal actions
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we have already tried charging the client once through Stripe as we were told the payment would be made a few weeks ago, which resulted in a negative reaction from the client. There is nothing else
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Customer: replied 1 month ago.
Hello!
Customer: replied 1 month ago.
When is the phone call going to take place?

Thanks for your patience and enquiry. I am unable to give you a call at the minute. A colleague of mine should be doing so shortly, I will give you some assistance here in the meantime.

Whether you can take the payment from the Stripe account really depends on the term of your agreement and what was agreed. Ordinarily a written contract can not be varied orally. So if payment method was agreed in writing then this could not be changed orally.

The only drawback though to relying on the above argument is that if you have already attempted to take payment via this method  and it has failed then maybe that method is not the most effective and you should  just take the matter to court.

My recommendation would be to bring a claim for the recovery of the money especially in light of the continued delay.

Customer: replied 1 month ago.
Thank you! The previous payment has gone through but we agreed to refund it under the condition of her consenting for us to charge the full amount in two parts on 6th and 9th May. She agreed to this but we did not go through with it yet as she had asked to make payment using Wise transfer instead, however we still have not received the full sum

I would not transfer the payment. If this is payment you are legally entitled to there really is no reason to do this.

Customer: replied 1 month ago.
Unfortunately we had already issued the refund as she made threats of legal action and not paying the rest of the money if we did not do so. I only agreed to it as we had her consent to charge later on.
Customer: replied 1 month ago.
We did not have any legal advice at the time so we were not fully aware of our rights

I see, in which case, I recommend you adopt the course I have recommended. That is, commence legal proceedings.

To do this you would first write a letter before action to her. In the letter you should set out the intention to claim, the reason and the amount being claimed. The law requires giving a minimum of 14 days for her to respond to try to settle things amicably. If she fails to do this within the time you may then commence proceedings.

Customer: replied 1 month ago.
you think we should not try to charge again through Stripe first but contact a legal team in the US? Or is it best to go through Stripe first?

This can be done via the below link

Customer: replied 1 month ago.
Apologies, I only just saw this second message

Any money spent in bringing the claim can be recovered against her,

as you have returned the money following her request I would not now recommend for you to charge stripe again

Customer: replied 1 month ago.
The new amount she consented to was for after we had already issued the refund. So it was a new invoice with her consent to charge on the given day. If that changes anything

I do recommend going to court.

Customer: replied 1 month ago.
thank you for your advice! She is not a resident of the UK but the US, do we still use the same resource you sent in the link above?

I do recommend going through the courts. You have already by your actions accepted that she does not wish to be charged via this method.

Customer: replied 1 month ago.
Is that because I did not charge her on the date she consented to for the second invoice? I just want to fully understand it.
You have already refunded the money when you were told not to take payments via this method.
Customer: replied 1 month ago.
but afterwards she gave the okay for us to charge her through this payment method again. My condition of refunding the money was for her to give consent for the money to be taken via Stripe at a later point.

Your response noted. This however does not change my guidance to you.