Invoice details and LBA

[bobwal]

Hi,
I have a client who is refusing to pay me (approx £1000). Although they haven't said as much they aren't responding to phone calls or emails and are genreally giving me the run around. I'm planning to issue a LBA to be followed up with MCOL but I have a few queries first.

The company have two addresses: the registered business address and their office where I completed the work. The latter is the address which I included on my invoice and I'm now thinking this should have been the registered business address. On the invoice I also failed to included the "LTD" after the company name. Lastly my contact supplied me with a fairly generic name, these don't match the names of the listed directors. I'm not sure whether this last point will be an issue as the claim is against the company not the person.

So do I need to get these issues in order before issuing a LBA? If so, I'm guessing I would need to resubmit a revised invoice.

Many thanks

 

[The Sheriffs Office]

Hi,

It would be prudent to issue a new LBA with the correct Ltd company name (and number) to the registered office, although there is nothing wrong with sending it to the trading address per se.

I am happy to look into the company details and send them on to you if you want to send a PM with their name.

 

[bobwal]

Thanks for the reply, I haven't issued the LBA yet but my concern was if the details on the LBA didn't quite match up with those on the invoice. But it doesn't sound like it will be too much of an issue so long as the details on the LBA are correct.

 

[bobwal]

Hi, does anyone have any more thoughts on this?

Thanks

 

[Big G]

Totally agree with The Sheriffs Office.

Just ensure that all of the correct details are on the LBA and send to registered office and CC to trading address.

 

[bobwal]

I've received a response to the LBA from the debtor's solicitor asking if we could put the file on hold for 21 days whilst they seek instruction from their client. My solicitor has advised I contact the debtor directly to address their concerns. The debtor is unlikely to reply or take my calls but I can try, sounds like yet more stalling to me.

Any advice?
Thanks

 

[The Sheriffs Office]

Yep, sounds like stalling to me.

I wonder if they are instigating insolvency proceedings.

 

[Newchodge]

The LBA should state that legal action would be initiated within 14 days. If no answer, then start the claim within 14 days. Your original post was 2 months ago, what has been happening in the interim?

 

[bobwal]

Hi, thanks for the replies. This LBA was for 7 days, the deadline being tomorrow. In the two months I've been tied up with other commitments. I also continued to pursue the debtor to try and resolve the issue as well as seeking advice on the matter.

 

[ethical PR]

A little confused by your post...
1. My understanding is a letter before action should give 14 not 7 days. Did your solicitor not advise you about this?
2. Are you involving a solicitor in a £1000 claim? In the vast majority of cases you would have been better off sending a letter before action straight away (after having credit checked the client had the money). Submitting a claim to court is straightforward. What was your thinking in running up further costs by involving a solicitor?
3. What concerns is your solicitor suggesting you address?

 

[bobwal]

Hi and thanks for the reply.
I used the solicitor solely for the LBA, it was an online service. I'm unfamiliar with the process and assumed 7 days was standard. My intention was then to submit a claim via MCOL (not using a solicitor)

I'm not entirely sure what concerns the solicitor is referring to, it doesn't really make sense. I'm presuming they are meaning the reasons for the debtor requesting a further 21 days.

 

[ethical PR]

That's a shame you can download templates for free from WHICH or the CAB.

https://www.citizensadvice.org.uk/c...action/step-one-write-a-letter-before-action/

Presuming you have already checked that the company you are suing are solvent and that there wasn't any dispute regarding the payment.........

You've mentioned you've already spent months trying to resolve the issue with your client and got nowhere. There would be no benefit to you to delay still further. I would just push ahead and issue the court claim 14 days after you issued the letter before action.

If your debtor can pay a solicitor to deal with this case, then it's likely to be as cheap for them to settle your claim.

 

[bobwal]

Thanks so much, this is a great help. I figured this would be the way to go but I wasn't sure.
Dispute, I don't think so, although he has tried it on. After countless excuses and claims that he would pay, he eventually decided that he didn't understand what the invoice was for. I followed this up with a detailed breakdown, even though it was already broken down. It was yet another stalling tactic. What constitutes a dispute?

 

[Newchodge]

A dispute is when your client has notified you of problems with regard to the goods or services you have supplied, and which they are not prepared to pay (the full price) for.

 

[bobwal]

Brilliant, that's not the case. He's still happily using the work I did for him.

Huge thanks

 

[ethical PR]

In that case, once you have run an up to date credit check on the client, get that paperwork completed so you can submit once you reached the 14 days.

One small point you mentioned your client claimed he didn't know what the £1000 was for. You did provide him with an estimate/quote/contract outlining costs and what he would get for his money didn't you?

 

[bobwal]

No excuse really, I slipped up. The job was rushed through as an "emergency" I got caught up, now I see why this was done. All the work however was completed onsite in his presence at an agreed hourly rate. He's also claimed to not know who I am, he's tried all sorts. I'm fully aware of my short comings though and I'm paying the price.