Boots on the other foot, need help making claim for unpaid work.

[ChrisS1968]

Hi all,

 

Hope you had a great Christmas.

 

Anyway, about this time last year I was carrying out sub contract work for a company called Betta Living installing kitchens. On this particular kitchen Betta Living made a long line of ordering mistakes supplying incorrect kitchen units and doors. This was nothing to do with us as installers this was all down to Betta Livings Installation management Team.

 

We completed the kitchen as far as we could, around 90% and thankfully left the kitchen completely usable over the Christmas period. We were then asked by BL to return to fit the last two remaining wall units.

 

I should point out that at this point I was already in dispute with BL with regard to already outstanding payments.

 

So, we scheduled a day to return to this particular job but when we arrived they had once again supplied incorrect items so could do no work. Another week goes by and I received a part payment from BL with regard to the previously mentioned outstanding payments. (All this is just background info)

 

So a week later when the new delivery arrived I was asked to return again to which I refused as I was convinced that I would be doing this for free. In short I finally agreed to return on the provision that we were paid the outstanding £400 to complete the work. I was promised that this would happen but being cynical I had the installation manager in question agree to me sending him an invoice via email for the outstanding sum and to reply to this email agreeing to it before commencing the work. I have the invoice together with all of their emails and ours in reply. To this date I have not received any payments from Betta Living with regard to this and would like opinions on whether or not I have a case worth pursuing via MCOL?

 

Any input gratefully received. I think I have got it all down in this post but if any further clarification is need dont hesitate to ask.

 

Many thanks

[citizenB]

Does it look like the Company has a financial problem and struggling to pay their bills ?

[ChrisS1968]

Thanks for the reply citizenb.

 

Not to my knowledge. As far as I am aware they are not in difficulties. In my opinion its just a case of them trying to dodge an invoice.

[citizenB]

Ah righto. I was just concerned that you would go to the trouble of issuing a claim only to find they had not money.

 

IMHO, you would be able to use MCOL - send first a Letter before Action giving them 7-14 days to have made the payment. If not then you can go straight to MCOL.

 

I will however, try and find someone else with more knowledge to advise further.

[caro]

Warn that failure to pay will result in them paying the cost of the claim and 8% pa interest on the original invoice.