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Ben Jones
Ben Jones, UK Lawyer
Category: Property Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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I am a contractor and I have been build houses for another

Customer Question

I am a contractor and I have been build houses for another company.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: They stop paying my invoices and over due payment. They are due including retention around £25k.
JA: Where is the house located?
Customer: I have re sent invoice 3 times and I have tried to phone their office and getting switch board but no one taken my calls.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: site located in Dundee
Submitted: 12 days ago.
Category: Property Law
Expert:  Ben Jones replied 12 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.
Expert:  Ben Jones replied 12 days ago.

How long have you invoices been outstanding for? and have you made any formal requests for them to be paid?

Customer: replied 12 days ago.
Invoice 15 was sent on the 8/8/22
Customer: replied 12 days ago.
I have re sent invoice a couple times and tried to phone the company but no one returns my calls.
I even sent a email if there’s any problems that’s could prove to payment but yet again I get no response.
Customer: replied 12 days ago.
Prove to payment sorry wrong spelling
Customer: replied 12 days ago.
Provent
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. 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 12 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 claim – if informal reminders have been sent but have been ignored, the other party should be sent a formal ‘letter before claim’ 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. If the letter before claim is also ignored, formal legal proceedings can be initiated.

For claims above £5,000, or more complex matters, the claim should be pursued through the Ordinary Cause. Please see here for further details:

https://www.scotcourts.gov.uk/taking-action/ordinary-cause

Once you hear back from the court, you will send the details of the claim to the debtor, who 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.

Expert:  Ben Jones replied 12 days ago.

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 12 days ago.
Can this be done by email or does this need to be done by letter??.
Expert:  Ben Jones replied 12 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. Email will be acceptable and it is commonly used these days

Expert:  Ben Jones replied 12 days ago.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.