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Sole trader needs help

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  • Sole trader needs help

    Hi
    I am having trouble getting paid from a multi million pound company i did work for last year.
    This company owes me in excess of 28k and i cannot afford to get them into court.
    I have tried numerous solicitors but I cannot afford to pay them the upfront fees the want as all my money is tied up in this debt.
    They are not paying on the grounds that my work was condemned but I have a email from the architect of the job saying my work was not condemned.
    Can anybody please advise me how to deal with this as I am at my wits end.
    It is also affecting my business severely.
    Many thanks
    Mark
    Tags: None

  • #2
    Re: Sole trader needs help

    Look up letter before action.
    Send it with a 7 day deadline.

    Comment


    • #3
      Re: Sole trader needs help

      Originally posted by markperky View Post
      Hi
      I am having trouble getting paid from a multi million pound company i did work for last year.
      This company owes me in excess of 28k and i cannot afford to get them into court.
      I have tried numerous solicitors but I cannot afford to pay them the upfront fees the want as all my money is tied up in this debt.
      They are not paying on the grounds that my work was condemned but I have a email from the architect of the job saying my work was not condemned.
      Can anybody please advise me how to deal with this as I am at my wits end.
      It is also affecting my business severely.
      Many thanks
      Mark
      People on this forum can point you in the right direction of how to bring a claim yourself. You would still need to pay a filing fee in the range of a few hundred pounds, but it would be far cheaper than engaging a solicitor.

      What you will need to start is to write a "letter before claim", which is a notification to them that you have a legal claim against them. They will be required to respond to this within a specified timeframe. This link here will provide some additional information (http://www.justice.gov.uk/courts/pro...on_conduct#7.1)

      I personally would always give the defendant at least 14 days to respond, but if you have already had extensive communication on the matter, 7 days might well be reasonable. It really comes down to what is reasonable in the circumstances. Sending the letter before claim may well encourage them to cough up the money, unfortunately there are many people in business who get rich by failing to pay contractors on time or at all, and keep all the surplus for themselves.

      If the case is as you have said, no judge is going to be sympathetic with these people. Start by drafting the letter before claim (happy to look it over once you have written it, if you like), and we can give you more information from there if you want to proceed through the process

      Comment


      • #4
        Re: Sole trader needs help

        Don't phone the company.. From now on everything on record. If have an email address use that and print copies, use read receipt.
        Challenge them to explain themselves. Send them the invoice and if they say the work is substandard in some way then ask them for written evidence and tell them you will arrange a site inspection with an independent observer
        If they swither or fail to engage with you they are creating a suitable noose for their own neck, don't rush off to court at this moment, you really need to be proactive in attempting to resolve their 'problem'. Ultimately if they can't back their claims of the work being condemned then you put letter before action and you can prove that you have acted in good faith. Remember you have a contractual obligation to prove you have performed the task with due skill and care BUT once established even a big company has a legal obligation to stump up and remember if this drags out even a couple of months before you claim you are entitled to add statutory interest at 8%

        Comment


        • #5
          Re: Sole trader needs help

          Make sure you have printed out the email from the architect saying your work is satisfactory. Have the company put in writing that your work was condemned? I they feel your work was unsatisfactory you should have been given chance to make good? If not then they are simply playing silly beggars. Write to them send the letter before action . Remeber to offer them the chance to rise any issues the my have regarding the quality of your work.

          Comment


          • #6
            Re: Sole trader needs help

            Originally posted by seduraed View Post
            Make sure you have printed out the email from the architect saying your work is satisfactory. Have the company put in writing that your work was condemned? I they feel your work was unsatisfactory you should have been given chance to make good? If not then they are simply playing silly beggars. Write to them send the letter before action . Remeber to offer them the chance to rise any issues the my have regarding the quality of your work.
            No a claim that size you will want to establish you are in the right and they don't come back in court trying to use various claims of poor workmanship, plus it shakes out any basis they think they have for defense BEFORE it moves to legal

            Comment


            • #7
              Re: Sole trader needs help

              would suggest seing a Solicitor you are taking on a big company

              Comment


              • #8
                Re: Sole trader needs help

                I'm with wales01man all the way.
                The new county court fees mean you'd have to pay £1400 to issue a claim for £28k. Then there'd be a hearing fee, plus you'd pay the company's solicitor's costs and expenses if you lost.
                It's not an easy claim to bring, so you'd need independent experts' reports, costing upwards of £500.
                See a good solicitor.

                Comment

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