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Customer not paying my brothers invoice


catkin417
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Hi

Not sure if this is the right forum.

Briefly :

My brother is a self employed agricultural contractor.

He carried out work for the customer in late 2009 and Jan 2010 and invoiced him.

He has carried out work for this customer many times and has always been paid.

However he still hasn't been paid for the work carried out as mentioned.

He has contacted the customer several times about payment to be told the usual either the cheque is in the post or i will pay some now and some next time.

This has never happened.

My brother spoke to him the other day and offered a compromise ie: let me have some of your beef cattle to the value of the invoice and i will even pay for the tb testing (when cattle are sold you have pay for tb test usually the seller) or one of your cattle trailers.

This was met with no i am not doing that. Brother says how do you propose to pay then he says maybe able get you £100 by weekend but would mean i don't buy groceries.Brother says not my problem end of the day money owed since Jan 2010.

He then says won't be able to pay until Jan 2011 when he sells some beast.

He owes about £1400.00

Would it be appropriate to now issue a letter before action giving 7 days to pay and if not issue through the small claims court.

Any advice? Tha.nk you

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Absolutely issue it via MCOL. (Money Claim on line) change the LBA to 14 days though.

 

Regards

Andy

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Has he got a copy of the invoice in question?

Attach it to the LBA and print it in red.

 

 

let me know how this transpires.

 

Regards

 

Andy

We could do with some help from you.

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Yes he has a copy of the invoice so no probs there.

Was going to put in the lba that my brother had sought to compromise but to no avail.Would that be okay or just keep it simple?

If he puts on future invoices payment within so many days , is payment due from the date of the invoice or when it is received by the customer ie 1st class post assume next day delivery?

 

Thanks

Catkin

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Yes he has a copy of the invoice so no probs there.

Was going to put in the lba that my brother had sought to compromise but to no avail.Would that be okay or just keep it simple? No stick to buisness

If he puts on future invoices payment within so many days , is payment due from the date of the invoice or when it is received by the customer ie 1st class post assume next day delivery? Date of the invoice

 

Thanks

Catkin

 

 

Andy

We could do with some help from you.

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Catkin

 

Did your brother have any type of agreement in writing with this customer.

 

State this:

 

Mr (your brother's name) CLAIMANT

 

Mr (the customer's name) DEFENDANT

 

This Notice is served upon the defendant pursuant to Civil Procedure Rule - Practice Direction - Pre-Action Conduct rule 7.1(1) AND ANNEX A, 2, 2.1 AND 2.2

 

LETTER BEFORE CLAIM

The defendant's attention is drawn to ANNEX A Pre-Action Procedures Rule 3. To 3.6 AND Rule 4. To 4.4

 

State your claim.

 

Kind Regards

 

The Mould

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Hi The Mould

 

No written agreement ie customer is a farmer call my brother can you say come and muck spread so many acres of field or bale so many acres etc. Ie whatever jobs needs doing that the farmer hasn't man power to do .

My brother has even looked after his farm when he has gone on holiday.

The farmer has always been fairly good at paying even if it be a bit there a bit here.

But this time waiting for payment since Jan 2010 takes the biscuit especially when he hasn't even offered say so much now and so much later.

Its not just this customer there are others and my brother is trying to see if they can at least set up some payment plan with them if not looks like lba etc.

Not what he wants to do but he has to live and pay his bills. Although he does realise if he is successful in a court action then getting payment can be hit and miss ie ordered to pay so much a week.

Although there is something in the back of my mind if the farmer is a business you can apply for a winding up order. I donn't kmow.

Thank you

Catkin

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Pre Action Protocol Catkin, the steps you should take before instigating litigation and that satisfies the Court you have taken the right steps pre litigation.

Not sure where agriculture fits into any PAP though The Mould will no doubt expand on what steps to take.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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