[Ian101]

A company near me in Wrexham polluted a local residents properties with dust so called me in to give the properties a clean.

Done job 2 months ago tomorrow and so far been fobbed off with excuses so sending them a letter before a letter before action via email this evening in the hopes I don't need to go down legal route.

Done previous work for them before with a different manager who was ace and paid me there and then when the previous job was done ... new guy takes over calls me in and says along line system changed can only pay you from head office now when job is done but only takes a week at most  like I say that was 2 months ago.

Can anyone talk me thru the procedure of issuing legal action .... as Im not sure yet Im sending a letter telling him that next week he will be getting an official letter before action.

Can I stick interest and admin fees on now or only when the paperwork goes to small claims or what ever its called these days ?

[Matt.]

Send him an email first explaining your payment terms and that you haven't been paid ( date of work completed ) ask him was there any issues with the  work carried out and then ask him for a payment date from himself, he can contact head office.
Also explain the consequences of non payment within 7 days will result in an 8% charge, and will then be pursued through the required legal channels.
Also mention that this is something you don't want to do but find it nessasary in order to bring your accounts upto date

Bit of a pain but a regular thing for me.

[andyM]

Send 'em a photo of the mother-in-law.........that'll put the frighteners on 'em.


ps. If you haven't got one i'll send you one of mine.

[Nick Day]

Further to recent correspondence you still have not paid my/our invoice for services rendered.
I/we therefore attach my/our invoice.
If payment is not made within seven days I/we will take legal action to recover the full amount of invoice and any related  costs.

My niece who is a lawyer for a footsie 100 company gave me that. It's yours if you want it!!

[Walter Mitty]

Further to recent correspondence you still have not paid my/our invoice for services rendered.
I/we therefore attach my/our invoice.
If payment is not made within seven days I/we will take legal action to recover the full amount of invoice and any related  costs.

My niece who is a lawyer for a footsie 100 company gave me that. It's yours if you want it!!

Footsie 100?  LOL LOL
For Christ's sake don't mention that.  It's FTSE 100

[LT carpet cleaning]

Send 'em a photo of the mother-in-law.........that'll put the frighteners on 'em.


ps. If you haven't got one i'll send you one of mine.

Is it 1973?

[Matt.]

Well worded Nick

[Nick Day]

Hello Matty,

She's a very good lawyer on over £100.000 per year plus bonuses, so she knows what she is talking about.
Walter Mitty,  She definitely  works for a Footsie 100 company. not something that sounds like a sneeze.

[CleanClear]

Can anyone talk me thru the procedure of issuing legal action .... as Im not sure yet Im sending a letter telling him that next week he will be getting an official letter before action.

I can !!    You've intimated above that correspondance was done either by phone call or in person.....i.e "new guy takes over calls me in and says along line system changed can only pay you from head office now when job is done but only takes a week at most"

 A letter before action (LBA), should encompass all the details comprehensivley so that anyone (including a Judge at County Court) can understand.
You need to clearly spell out what you did, what you want, when you want it by and what you where told, failing which you will issue a money claim in County Court. Type this across the middle of your letter before the content.............

                                                              ATTENTION- DO NOT IGNORE

 You should also mention that failure to respond by the date you have stated could incur them costs (i.e a court fee), so if they pay in full after you have issued a claim you will be expecting to be re imbursed for that too.

http://www.tradingstandards.uk/cgi-bin/glos/con1item.cgi?file=*ADV1012-1011.txt

[Ian101]

Can anyone talk me thru the procedure of issuing legal action .... as Im not sure yet Im sending a letter telling him that next week he will be getting an official letter before action.

I can !!    You've intimated above that correspondance was done either by phone call or in person.....i.e "new guy takes over calls me in and says along line system changed can only pay you from head office now when job is done but only takes a week at most"

 A letter before action (LBA), should encompass all the details comprehensivley so that anyone (including a Judge at County Court) can understand.
You need to clearly spell out what you did, what you want, when you want it by and what you where told, failing which you will issue a money claim in County Court. Type this across the middle of your letter before the content.............

                                                              ATTENTION- DO NOT IGNORE

 You should also mention that failure to respond by the date you have stated could incur them costs (i.e a court fee), so if they pay in full after you have issued a claim you will be expecting to be re imbursed for that too.

http://www.tradingstandards.uk/cgi-bin/glos/con1item.cgi?file=*ADV1012-1011.txt

All backed up with email quote and return email with authorisation

[pdale]

You can charge a statutory late payment fee with commercial invoices after 30 days unless this is waived in your contract (link below). I would start by pointing this out to them, send them a new invoice using the calculator below with the additional fees on, but an offer to waive those fees if the invoice is paid within 7 days.

Should they fail to respond or fail to pay then an invoice with all the late payment fees and a letter of intention to take the matter to the County Court if not paid in full within 28 days. (you must give them reasonable notice before Court action, otherwise you get stung with the court charges win or lose).

Failing that then go the court route which is quite a simple process online.

https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

[Ian101]

thanks for all the info chaps 

this is email I sent yesterday ...................... auto reply "off on holiday till July 1st"

CUSTOMER NAME / INVOICE NUMBER

Hi Paul,

This job was completed 2 months ago tomorrow.

We still have not been paid despite several conversations / emails / promises.

It is my policy to commence legal proceedings for all outstanding debts at  2 months and 7 days.

If this debt is still unpaid within the next 7 days I will issue an official “letter before action”

I will also add on interest charges and admin fees as soon as I am allowed to.

Court fees and bailiff’s  / sheriff’s fees will also be added if it goes to court.


Ian Hornby
H2o Proclean

[Richard Stevenson]

Don't take this on yourself, pass it on to a dept recovery
company, it will save you time and will only cost 10% of total
The dept recovery company will hq e far more influence than you
and will get your money  back sooner , minus 10%. If you need
a company i have used email me and i,ll pass details on. Good luck

[Nick Day]

You are dealing with an entity..a thing it has no emotions, so don't waste your time with threats etc, it doesn't care.
You would be amazed at how much money they make from small firms who do not bother to take it any further.
Lots of these firms only pay on a court order, look at how few words were used in the legal letter I posted, that's because lawyers know not to waste time.
Use it, go to court, as long as you have a copy of the original invoice you will get your money and costs.
With interest rates as low as they are...just ask for your money!!

[Ian101]

Got cheque today 

[LT carpet cleaning]

Got cheque today 

I would cash it first , check it doesn't go boing before being happy.