Particulars of Claim Question (Non Banking)

[MondeoST24]

Thanks to inspiration from this site I have decided to go after a company I did some work for last year who will not pay, they have ignored me completely and not responded to polite letters, statements, telephone calls etc, have sent letter before action, that was ignored as well.

 

These are my particulars:

 

Claimant carried out work during 2004/2005 for the Defendant in respect of IT

consultancy services.

 

Claimant is claiming payment of outstanding invoice 407 dated 31/08/2005 in the sum of £164.50 and outstanding invoice 414 dated 23/09/2005 in the sum of £287.88.

 

Claimant has ignored repeated requests for payment and has not offered any explaination as to failure to pay.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/08/2005 to 16/05/06 of £24.22 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

Just one question, I haven't included here any legal basis upon which the claim relies, do I need to do this, if so is owing someone money contrary to common law or some statute. Please advise.

[Bookworm]

Claimant carried out work during 2004/2005 for the Defendant in respect of IT

consultancy services. [contract stipulated payment shd be made within x days of work being carried out] (or words to that effect, I assume you have some form of contract?)

 

Claimant is claiming payment of outstanding invoice 407 dated 31/08/2005 in the sum of £164.50 and outstanding invoice 414 dated 23/09/2005 in the sum of £287.88.

 

Claimant [Defendant, surely?] has ignored repeated requests for payment and has not offered any explaination [spelling] as to failure to pay.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/08/2005 to 16/05/06 of £24.22 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

Just one question, I haven't included here any legal basis upon which the claim relies, do I need to do this, if so is owing someone money contrary to common law or some statute. Please advise.

 

If you have a contract, stating payment terms, it should be sufficient.

Have you checked that the defendant is still trading/solvent? No point in going to court if you get a judgment, but can't get the money out of him/them. Just a thought.

[MondeoST24]

Hi Bookworm, thanks for response.

 

No written contract was in place, everything was verbal. 8 previous invoices were paid without a problem and I always had a fantastic relationship with the staff there.

 

They are definetely still trading, but I believe they have new management. What has probably happened is the cheque books have been confiscated.

 

Any advice?

[Bookworm]

Yes.

 

File away. I'm assuming you can show all the relevant info to support your claim, invoices, etc, so no reason why you shouldn't proceed and get your money back.

 

Keep us updated, this could come in handy for other people.

[MondeoST24]

Okay thanks, will get on with it tomorrow.

 

Keep you all posted.

 

[MondeoST24]

Claim filed...

[davemanik]

if you have no written contract it may well turn out unenforceable. good look though.

[MondeoST24]

I can prove payment of the previous invoices, I was thinking that must count for something as it shows some agreement must have been in place between us in the past.

 

Let you know what happens.

[Bookworm]

if you have no written contract it may well turn out unenforceable. good look though.

 

Incorrect.

 

 

"Generally, there are no formal requirements which have to be satisfied to create a binding contract. Limited exceptions include contracts for the sale of land and consumer credit agreements. Consequently, a verbal contract will be binding.

The main problem with oral contracts is proving exactly what was said and agreed. Generally, it's one person's word against another's.

However, if you can prove that you were given a false assurance and/or information on which you based your decision to enter into the contract, you may have an action for misrepresentation and/or breach of contract which would entitle you to damages.

Also, contracts made purely at a distance, over the telephone, for example, may be cancellable under the Consumer Protection (Distance Selling) Regulations 2000. It really depends on what was the subject matter of the particular contract. If the regulations do apply, a buyer has a cancellation period of at least seven days but it may be longer."

 

.

[Tinkerbelle]

When I was working as an IT contractor, the bloke I was working for paid out two of my invoices and decided to sit on the final one for over £3k.

 

I went to see one of those free Legal Community places, and before I had even finished the story - the lawyer said to me "Breach of Contract". I said to him, "Well I didn't have a contract with him", and he said "Doesn't matter. He's paid you before so that has set a pattern of payment (or words to that effect). He said he would write the dude a letter telling him to cough up or he'd get sued.

 

A week later I had my money

[MondeoST24]

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