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Sole trader said to pay his gf a/c, is she liable too? Also LBA timing question

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  • Sole trader said to pay his gf a/c, is she liable too? Also LBA timing question

    Hello everyone, I've got two questions I'm hoping someone on here can help with me, please.

    1) My friend had some work done by sole trader brickie who did a bad job and tried to cover up his poor workmanship by being crafty, nipping back to the site to place a few wall ties to pretend he'd been using them when he hadn't, fraud really, and dangerous. Thing is, invoices were paid to his g/f's account as his request (by email, so it was in writing). My friend seems to think he can sue them both for poor workmanship/breach of contract, but can he?

    2) I'm also reluctantly preparing to take someone to small claims court for an unpaid debt of £328, representing two invoices. I've sent invoice reminders and guy is now just ignoring me - I've left two voice messages for him and whatsapped him as well. I've got emails and message where he thanked me for the job I did, and one where he promised to get my first invoice paid asap - as he wanted me to do some more work for him, a ruse I fell for. First invoice was sent 2nd June, second one on 14th June, with 30 days terms which was a mistake tbh as usually I say 14 days as I only invoice once job is done. My question is how long should I wait before sending him a letter before claim? I know he's dealing with some family issues, but he is a stranger to me, was a stranger until he asked me to do some work. It's not a king's ransom but I could def do with the money.

    Thanks to any and all.
    Tags: None

  • #2
    1. No. Payment was made to that account at the supplier's request, in discharge of the obligation to pay the supplier.

    2. Do it now.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you, Atticus, much appreciated.

      Comment


      • #4
        Originally posted by atticus View Post
        1. No. Payment was made to that account at the supplier's request, in discharge of the obligation to pay the supplier.

        2. Do it now.
        Hi again Atticus. I need your help with this again, please: I'm doing the LBA letter.. can I say if I don't get payment within 15 days then I'll proceed with small claims without further notice to him? I ask as an internet example I'd saved said to give 28 days and also to offer mediation. Also, do I have to say to let me know if he's having difficulty paying? I checked and his mum owns the house he lives in. He did tell me (fool I am) that he was once made bankrupt, but he's come out of that and he has a linkedin profile and a business, although he said something that in hindsight suggests business may be struggling. I'm hoping I can get a judgement against him for non payment, but concerned I could lose out if I don't show more leniency. Thanks a lot.

        Comment


        • #5
          q1. yes.

          q2. You do not have to say this. You can say it. Whether you get an answer is anyone's guess. But it is always a good idea to have an understanding of your defendant's ability to pay, so do some digging.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Thanks very much. I don't think he's skint, but who knows. The way I look at it, if I get a judgement against him, that's better than letting him leg me over. I'll leave out the bits that do not have to go in. Enjoy your weekend

            Comment


            • #7
              Yes, do not let him get his leg over!
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Thank you. The letter is all ready to be posted first class recorded tomorrow, and on Monday I'll send by email and WhatsApp too, so be hard for him to say he didn't get it. I'll let you know the outcome.

                Comment


                • #9
                  Originally posted by atticus View Post
                  Yes, do not let him get his leg over!
                  Hi Atticus, so I sent LBA with deadline this Friday and this morning he sends me a WhatsApp saying "ffs stress" followed by a photo of a wristwatch with his heart rate or something at 146, I don't have those gadgets sonot sure how they work. It's like he's blaming me for his high heart rate. My inclination is to go back and say "I don't understand why you sent me this. I too am stressed not getting paid for services I provided in good faith" Just wondering if you have any ideas as to what else I should say or if I shold just ignore it completely? Many thanks again.

                  Comment


                  • #10
                    ignore it and act if no payment by deadline on LBA

                    Comment


                    • #11
                      He can save himself further stress by settling with you.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Originally posted by wales01man View Post
                        ignore it and act if no payment by deadline on LBA
                        Thank you very much, will do as you suggest, appreciate quick reply.

                        Comment


                        • #13
                          Big thank you Atticus, Wales01Man and everyone else on this forum who give their time so freely! HE JUST PAID! Admitted claim in full. A big relief. Thanks

                          Comment


                          • #14
                            Excellent news , particularly that you have been paid. Thank you for letting us know.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment

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