My first small claims court attempt for unpaid invoices

FellowCitizen

Free Member
Apr 29, 2019
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I'm self employed and do computer/network support. I had a contract with a company to look after their systems for £400 a month and did so for years. Then one day they started paying me less than regularly. Being a young[er] naive person who has battled with low self-esteem, I let this carry on for a long time. So over a period of ~2 years they slowly accrued more debt.

But then one Monday, I was ill due to working all weekend with very little sleep, and their server crashed, causing them to be completely offline for a couple of days before I managed to call them back to assist. They were obviously incredibly annoyed at me, and were seeking to replace me (understandably). They couldn't get anyone else in other than myself. I came in and fixed the crashed server, which took me several days and £100's of parts that I ordered in using my own money. I did this out of a (misplaced?) sense of responsibility to help get a business with a dozen employees back online. I also felt that if I didn't, then they wouldn't pay me a dime from their historical debt as punishment.

I got it all fixed and reinstalled (took me ~40 hours). But then a few days later, their email stopped working (for an unrelated reason), and that's when they got a new IT company in who phoned me directly asking me to handover operations to the new company, which I did (took me ~12 hours of time because they were extremely inexperienced and had never touched this type of server before).

Then I presented the finalised invoice, to which they have paid 15% of it slowly over a period of one year. But they still owe £8,500.

So I would like to take this matter to court (and enforcement) if necessary. They are a rich company and I am just working class. I am hoping to meet some friendly faces as I am petrified of making a mistake.

My initial questions are:
* Should I file online, or is in-person and the written form better?
* Should I claim for £5000 or £8500? It's a big jump in court fees. If I can only afford the lower amount, should I just write 5000.00 in the amount claimed? But in the detail text, account for the full £8500?
* Does my tax situation enter the frey in any way? I'm a little behind on my self-assessments and paying monthly fines at the moment. I'm working to resolve it of course.
* What do I write in the main claim text? Are there any templates/examples for my situation
* I'll next be sending them a recorded letter with the title 'Demand for payment', detailing their debt, with a latest statement of account.. can the letter demand a 7-day reply or does it have to be longer.
* After this time period, should I send them 2 more letters?
* After all of the above, do you agree I should pay a solicitor to send a final "Pre-action letter"?

I promise to keep this thread updated over the years. Feel free to DM me for any reason, I have all the social networks. Any help or even just emotional support is going to be incredibly appreciated. I have noone else to talk to about this problem. I volunteered 1 day a week at the Citizens Advice Bureau for a whole year, and I have zero faith in asking them.
 

pentel

Free Member
  • Mar 12, 2011
    1,308
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    Leicester UK
    Sorry to hear about your issues.

    Too late now but the time to have acted should have been when they first got behind with payments. Unfortunately these things need to be pounced on immediately.

    Each outstanding invoice has the potential for an individual claim. If cash flow is an issue then you can claim for an individual invoice or several invoices at the same time.

    You only need to send one letter before action detailing the outstanding invoices, but you do need to include various details and make it clear that you will be commencing proceedings to recover the debt if payment is not received within 14 days. You can claim interest on the outstanding debt.
     
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    Darren_Ssc

    Don't do anything until you have spoken to someone with expertise, either a lawyer or one of the people on here who specialise in small claims assistance.

    On the face of it, it sounds like you have a good case but, as I have found to my cost previously, being right doesn't necessarily ensure the outcome you expect - especially with a business to business transaction.
     
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    Mr D

    Free Member
    Feb 12, 2017
    28,925
    3,630
    Stirling
    Lending them money then lending them more money then lending them more money....

    You are not Wonga, stop lending bad payers money.

    You had a great opportunity at the time their server crashed to get outstanding lending settled.

    Now a big question - what if you go to court and the company goes under before paying all your debt? You join maybe a big list of businesses who helped that company's cashflow by lending them money. And may get a tiny fraction back in a year or two.
    Its the risk you take with a poor credit policy.
     
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    Have they in any way disputed the debt?

    Was the money paid on the basis of 'full and final' or just ad-hoc payment?

    The good news is that small claims process is relatively informal and, anecdotally favours the small guy against the big guy. That said, you do need to follow process and produce clear, concise records of work done and full paper trail.

    As others have said, before throwing further money at the situation, make sure that the business isn't on its way out. Drop me a PM with their details & I will run a search.

    Hopefully lesson learnt - moving forward, have a proper credit control process!
     
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    FellowCitizen

    Free Member
    Apr 29, 2019
    8
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    Thank you everyone!

    I would have never thought of splitting the invoices into 2 lawsuits, both under cheaper thresholds.

    Yes, I agree it's my own fault for being a Wonga, if the business were to fail.

    @Mark T Jones I was unable to PM you until I pay for this forum. Would I be welcome to PM you my details via your website link?

    I offered them a £2000 discount with an expiry date early on, to which they ignored (I assume after 28 days it's de facto in my favour?). After which I got hold of them and the director said "Yes we will get it sorted and no we wont need to pay it off slowly, we dont want this to drag on." . Later than month he texted me "Paid you £1000". Contacted them few weeks later, and they then paid another £1000. But now they are saying "I'll pay you one more then quits?" I haven't replied yet.

    @Mr D i'd be happy to either win the case or see their business shut down.

    I'll compile a timeline of events and communications, and draft my pre-action letter, then post them here (an anonymized version of course) maybe. Will see if @smallclaimsassistance could review them too as his fees look reasonable.
     
    Upvote 0
    Thank you everyone!

    I would have never thought of splitting the invoices into 2 lawsuits, both under cheaper thresholds.

    Yes, I agree it's my own fault for being a Wonga, if the business were to fail.

    @Mark T Jones I was unable to PM you until I pay for this forum. Would I be welcome to PM you my details via your website link?

    I offered them a £2000 discount with an expiry date early on, to which they ignored (I assume after 28 days it's de facto in my favour?). After which I got hold of them and the director said "Yes we will get it sorted and no we wont need to pay it off slowly, we dont want this to drag on." . Later than month he texted me "Paid you £1000". Contacted them few weeks later, and they then paid another £1000. But now they are saying "I'll pay you one more then quits?" I haven't replied yet.

    @Mr D i'd be happy to either win the case or see their business shut down.

    I'll compile a timeline of events and communications, and draft my pre-action letter, then post them here (an anonymized version of course) maybe. Will see if @smallclaimsassistance could review them too as his fees look reasonable.
    They're taking you for granted. Take them down the small claims court. Totally unfair to you. They don't deserve to be in business.
     
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    FellowCitizen

    Free Member
    Apr 29, 2019
    8
    0
    Oh no.. I've just been doing their paperwork and have noticed a tiny spelling mistake in their company name on all of my invoices (2008-2017). It's clear on companies house that there are nobody similar to their name. The typo is 'investement' but should be 'investment'. Is this okay or am I screwed?

    Also, I've moved since their last invoice - is it just okay for my pre-action letter and court addresses to be my new address?

    Regarding if they will pay up on receipt of LBA, do you think it's worth £250 to get a local solicitors to send the letter? Maybe cheaper if I can convince them my letter is usable (it was based on a template from uk gov website somewhere)
     
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    E

    Engage Legal

    Sounds like you have some basis for a claim, although it will likely get rather messy as they will probably argue some sort of waiver by you in "accepting" lack of payment or some sort of set off against losses they incurred.

    Benefit of the small claims court is they generally can't claim costs against you. The quid pro quo of this is you can't get costs against them if you win. It may be a drawn out process, so be ready for that (and the resulting, unrecoverable costs you incur in pursuing the claim).

    Doubt a typo in your invoices will have any material effect.

    Doubt the solicitor's letter alone will have much effect unless it is followed up with proceedings, although hope for your sake I am wrong.
     
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