Hi All (I'm new) Money owed from family member

[release9]

Hi All..

I am a painter and decorator and done some refurbishment work for my dads new girlfriend back in September, As she was so called family there was no quote or written agreement (foolish I know). She was fully aware of my prices and agreed for the work to continue. Within the past month the whole family has fallen out and she is disputing the amount of work I done and disputing the amount of money owed. I have sent letters and an invoice stating exactly how much is owed and why. Total bill is for £1059.00 for labour, Cash advances for materials and fuel.
Today I received a postal order for £47.98 and a letter stating "We have received the invoice from K.S Decorating and would like you to know that we have acknowledged it. We appreciate the help you gave to X and Y while they fitted our new bathroom suite.As this was a kind gesture on your behalf and we have paid back all money owed we feel this bill is unjustified and incorrect. Here is a breakdown of what we owe you. - £74.98 for materials purchased for us less the price of a new door lock as our key was not returned. The door lock was £27.00"

My invoice was not for installing the suite, it was for tilling and decorating that I had no help with.
I have a few pictures and text messages that prove I was there and done the work but nothing with her agreeing to pay the full £1059.
I have one message with me asking for the full amount and her reply was "I don't want to do this by text"

Does anybody know what my next move should be and whether I stand a chance of getting my money.

Any advise would be gratefully received.

[Sapphire]

Re: Hi All (I'm new) Money owed from family member

I'd be inclined to send her a 'letter before action', informing her that she has seven days to pay up or you will take her to the small claims court, whereas when they find in your favour you will claim for the full amount, plus costs, plus court charges, plus statutory interest at 8%.
Say that if she doesn't respond then you will not contact her again but will go straight to court.

Type up a letter here and we'll adjust it for you, then if it goes to court we can sort it too.

[labman]

Re: Hi All (I'm new) Money owed from family member

I happened to send out three LBA's earlier today for someone. Here's a rough template from one I sent if it helps.

Your Address Line 1

Line 2

Line3

Line 4

Line5

09 January 2013

LETTER BEFORE ACTION

Dear Mr XXXXX,

TAKE NOTICE that according to my records the sum of £xxxx.xx remains outstanding to me for [insert reason]

Despite repeated attempts to reach an amicable conclusion with you regarding the debt, I am disappointed to note monies are still outstanding for the work undertaken.

I have given you every opportunity to come to an affordable repayment plan, but despite my willingness to negotiate an amicable solution with you, you now refuse to respond to any communications at all.

Unless payment in full is made within 14 / 21 [delete as applicable] days to the above address, or a mutually agreeable payment plan is agreed within that time period, Legal Action to recover the debt will be taken against you without further notice.

Copies of the outstanding invoices are attached.

Yours sincerely,


SIGN



[Name]

Tel: 0123 456789

Email:

[Date]

[release9]

Re: Hi All (I'm new) Money owed from family member

thankyou for your replies

I have sent out a notice before action letter stating that payment needs to be made or i will proceed with legal action, and she has replied with the letter stating she is giving me the £47.98 as she is only paying for the materials and she is minusing £27.00 for a new lock which she has bought as i have her door key. in all previous correspondance i have had with her the agreement has been to meet up and swap the money and door key, i have never witheld giving it back to her ( i live some miles away). if i was to now take her to the small claims court would i be able to get the money back that she owes me for the labour etc that i have invoiced her for or seeing as she has made a small payment do i now stand no chance? (very confused as to where to go from here) i am just worried that seeing as i dont have a signed contract or anything with her and she has now acknowledged my letter and replied with some money that i now have to leave it.

[Sapphire]

Re: Hi All (I'm new) Money owed from family member

She's had the warning, she's now having you on and pulling you're chain, time to stop threatening and get on with it, proceed with the court claim and make sure that you show that she has already paid you the nominal amount for what she says you did, then show the actual work you did and the costs etc.

Give a shout when you are ready to proceed and someone will pop along to help.

[release9]

Re: Hi All (I'm new) Money owed from family member

Thank you very much

[wales01man]

Re: Hi All (I'm new) Money owed from family member

Must be a big bathroom to charge a grand for tiling and decorating?

serious though hope you get your money but reading the post i think they will counter clain or vigoursly defent any action by saying you ageed to do it as a favour for your dad and his girlfriend?

[labman]

Re: Hi All (I'm new) Money owed from family member

MCOL is possibly the easiest way to do this now.

[pt2537]

Re: Hi All (I'm new) Money owed from family member

Must be a big bathroom to charge a grand for tiling and decorating?

serious though hope you get your money but reading the post i think they will counter clain or vigoursly defent any action by saying you ageed to do it as a favour for your dad and his girlfriend?

Indeed work for family members does make it harder to prove a contract exsisted between the parties and that there was intention to be legally bound.

Cases such as Balfour v Balfour [1919] 2 KB 571 show that the law raises a presumption that agreements betweeen family members were not intended to create a binding contract and that presumption will need rebutting.

It isnt impossible to recover the monies, but it will be tricky if they argue that it was a favour between family members etc