Court Claim Two Invoices

[JakeM]

I have a client who I have sent two invoices to, each requesting payment within 7 days. Both are now overdue by over a month. This client had previously paid earlier invoices.

The client does not reply to any emails, calls or messages. I have sent the invoices via email, and I have also sent them via WhatsApp and can see they have been delivered.

I now need to proceed to a court claim.

1) In terms of court fees, it will be cheaper (and simpler) if I can group both invoices together into one claim. Am I allowed to do this?

2) Is email, and WhatsApp proof of delivery, to show that the invoices have been received? Or should I first print and sent copies via recorded delivery?

3) On the court claim, can I use my office address and not my personal address? I am a sole trader, and my office address is the one noted on the invoice.

 

[Ian J]

1) In terms of court fees, it will be cheaper (and simpler) if I can group both invoices together into one claim. Am I allowed to do this? Yes

2) Is email, and WhatsApp proof of delivery, to show that the invoices have been received? Or should I first print and sent copies via recorded delivery? Yes but more important could be proof that the goods have been received or the service performed

3) On the court claim, can I use my office address and not my personal address? I am a sole trader, and my office address is the one noted on the invoice. Yes

 

[JakeM]

Many thanks. I sent files via email, and dropped them round to the client in person, and spoke to them - so I am 100% confident the client has them, but does a sent email prove the files were received?

I do have WhatsApp messages asking if the files have been received, these WhatsApp messages have been received, read and ignored.

 

[DontAsk]

A month overdue is no time at all. Do you really want to start court proceedings at this stage?

I would start with a "letter before action" ( a real letter, in the post, special delivery) giving them another chance to pay up.

 

[JakeM]

I usually have some clients contact and say: “I’ll pay this in a couple of weeks time” etc and that’s absolutely fine.

The issue I have with this is that the second this job was completed, this client has ignored every single email, text and phone call. Initially, the emails were only to discuss the job, and I wasn’t chasing for the money.

It’s the radio silence which is concerning.

I’ve seen him in person once, and everything was great - but he continues to ignore every single correspondence, when he was incredibly engaged the whole way through the project.

The main invoice is overdue by a month. The other small invoice is overdue by 3 months.

I don’t know what to do in this situation.

 

[MBE2017]

I usually have some clients contact and say: “I’ll pay this in a couple of weeks time” etc and that’s absolutely fine.

The issue I have with this is that the second this job was completed, this client has ignored every single email, text and phone call. Initially, the emails were only to discuss the job, and I wasn’t chasing for the money.

It’s the radio silence which is concerning.

I’ve seen him in person once, and everything was great - but he continues to ignore every single correspondence, when he was incredibly engaged the whole way through the project.

The main invoice is overdue by a month. The other small invoice is overdue by 3 months.

I don’t know what to do in this situation.

Have you tried dropping around to him in person?

 

[Mark T Jones]

A face to face meeting is always the best way, if possible

Failing that, a Letter Before Action, sent by recorded delivery will usually give an insight to their intent

 

[Newchodge]

A month overdue is no time at all. Do you really want to start court proceedings at this stage?

I would start with a "letter before action" ( a real letter, in the post, special delivery) giving them another chance to pay up.

Can I suggest a real letter sent by recorded delivery AND ordinary post AND email.

People have been known not to accept recoded deliveries by not opening the door and then not going to collect them. No court would believe a failed delivery for all 3!

 

[Paul Kelly ICHYB]

Failing that, a Letter Before Action, sent by recorded delivery will usually give an insight to their intent

Can I suggest a real letter sent by recorded delivery AND ordinary post AND email.

Start here - best advice you will get.

 

[smallclaimsassistance]

Hi,

In answer to your 3 questions-

1) - Yes, the courts encourage multiple causes of action in as few sets of proceedings as possible.

2) - How you proceed from here depends upon whether this customer is a consumer or a business. If it's a business, follow the post above. If it's a consumer, you have to follow the Debt Pre Action Protocol. For further info read here - Debt Pre Action Protocol

3) - Use the business address, whatever that is.

Dean

 

[smallclaimsassistance]

PS: For some reason that link doesn't appear to be working - try this instead:

Debt Pre Action Protocol

 

[Gyumri]

How much is the potential claim worth?
Are you dealing with an individual or Ltd Co with no assets?

 

[dylanmarlais]

I have a client who I have sent two invoices to, each requesting payment within 7 days. Both are now overdue by over a month. This client had previously paid earlier invoices.

The client does not reply to any emails, calls or messages. I have sent the invoices via email, and I have also sent them via WhatsApp and can see they have been delivered.

I now need to proceed to a court claim.

1) In terms of court fees, it will be cheaper (and simpler) if I can group both invoices together into one claim. Am I allowed to do this?

2) Is email, and WhatsApp proof of delivery, to show that the invoices have been received? Or should I first print and sent copies via recorded delivery?

3) On the court claim, can I use my office address and not my personal address? I am a sole trader, and my office address is the one noted on the invoice.

How much are we talking about? Are they still in business? No point in pursuing them if they are about to go bust. Send a formal letter before claim first. Is the debt clearly owed? Have they accepted that they money is owed? You could try the statutory demand route. That can be very effective.