Need to write my own Default Notice

[gmleo]

I'm a sole trader, I recently completed a job for a customer and we're now in dispute over payment.
He still owes over £2.4K
I have some terms & conditions which I've been using as a leverage to prompt payment but it's not working, no reasoning with this guy.
So it looks like I'll have to take it to the small claims/county court.

I've already written an email saying you are in default an given the "you must pay within 14 days or else" speech.
Given that this site exists at all, means I'm pretty sure that email Default wont be a legally binding default notice.
This site being the place to come to if you need help in finding out if a Default Notice is improperly executed or not, I thought I'd seek help in creating a legal Default Notice that I can issue.

The only experience I have of Defaults are to do with credit cards and banks, same as the rest of you.
I'm sure my needs wont fall under the same category, Consumer Credit Act being different from the Consumer Sale of Goods and Services Act, and so need an adaption. Can't find anything on Legal Beagles and all searches on Google are drawing a blank.

[charitynjw]

Re: Need to write my own Default Notice

Hi gmleo,

If it were me, I would be considering a recorded delivery 'Letter before Action', which outlines the problem & mentions the Civil Procedure Rules Overriding Objective & Pre-action Protocol.

Before sending this, though, have you tried independent mediation?

I believe some trade organisations offer this, & the court usually offers a mediation service.

[Guest]

Re: Need to write my own Default Notice

I think that you are getting confused with a default notice as required under the consumer credit act. Your agreement with the other party does not require this.

If you are considering to take them to small claims court you need just to send them a letter giving them 14 days to pay, state clearly that if they do not, you will be commencing an action in the small claims court.

I would not threaten this however if I was not sure that I was going to carry out the threat.

Info here

https://www.gov.uk/make-court-claim-for-money