Ltd Co Small claims 7 days letter before action? Too short? ***Paid & Resolved***

[toys19]

Hi,

I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice.

The invoice has been unpaid since April, we sent a letter before action by email:

 

Dear xxxx,

 

Please find enclosed our invoice for the work carried out under xxxxxx. Note that this is unpaid since xxxth April 2018. The payment is now xx days overdue. This letter is our final demand for payment.

 

If the full amount is not paid within 7 days of the date of this letter, we will begin legal action, without warning, for a court order requiring payment. We may also commence insolvency proceedings. The cost of the legal proceedings and any other amounts which the court orders, must also be paid, in addition to the debt.

 

This letter is sent to you in accordance with the Practice Direction on Pre-Action Conduct (the PDPAG) contained in the civil procedure rules.

 

Note interest is now due on the outstanding amount and will continue to accrue until the amount is paid.

 

 

 

Yours sincerely,

 

I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable.

Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

And they mention 14 days. ooops.

 

As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim?

PS Email OK?

PPS do only work days count or do weekends count too?

 

Thanks in advance.

[renegadeimp]

Dont keep giving them timeframe after timeframe. You gave them 7. If you want, you can wait a few more, but if you say "oh ill give you another 14, then you wont seem serious.

 

Also have you tried to collect by any other means? Court action is meant to be the final choice after all options are exhausted.

[toys19]

Thanks so much for your reply and and advice. Yeah that was my feeling also. However when I have been chased spuriously I have been sent quite a few "final warnings" . My concern is that f ti goes to a hearing the judge might say I have not followed the practise directions and it might not help me.

The CEO of this small company has just returned from holiday yesterday, so I figured I could dress is up as reasonable goodwill to give them 14 days, and cover my backside just in case?

To me compliance in the event of a hearing is more important than "how I look"...

[renegadeimp]

So he hasnt paid you, but has enough money to pay himself to go on a nice holiday?

 

If you are a company and he owes money as a company, then have a read up on the pre action protocol.

[Andyorch]

Thread moved to General Legal Issues forum...please continue to post here to your thread.

 

Regards

 

Andy

[ploddertom]

Have you also charged under The Late Payment of Commercial Debts Regulations 2013?

[toys19]

I was just about to submit the claim, I left it another 7 days - I checked this morning and they have paid the bill less any potential interest. Good enough. Thanks for all your advice.

[Andyorch]

Good news toys...thread title amended.

 

Regards

 

Andy

[renegadeimp]

Make sure to write to them and detail that it is paid in full and no further actionw ill be taken.