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    • @FTMDave  -  Simeon's had a go at incorporating the attachments at #100 (I think?) but I think what he's done needs tidying up.  But as you say that's just an admin/clerical task and all simeon needs to do is to ensure that it all hangs together and makes sense.  Doesn't require specialist knowledge.   I agree with your comment regarding my paras 13 and 14.  You've made it clearer than I did!   I've also advised simeon to incorporate the report he got from the surveyor.  (Was it Hale Survey Limited?)  Let's see how he got on.   Oh - I also introbuced an error in my draft.  I had simeon down as paying the piling company £3300 but it was only £3000 (I think).  Simeon needs to check that the correct figure is in.  (Simeon had corrected my error* in #100.  I think you may have missed that because you've got a day job to do!)   Oh - and of course simeon needs to ensure that he has taken account of the corrections you have made to the claimant/defendant terminology.   Apart from the above and the interest, I'm not sure if anything else is required.  It's up to simeon now...    *I think the only thing simeon changed in #100 from my earlier draft was the piling bill from £3300 to £3000, and he attempted to add the attachments.  It might have been better - and less confusing for you! - if he'd left that until you'd completed your amendments.  Ah well...
    • We don't need the claim form, they are standard so we know what they look like.   We needs (a) the fleecers' particulars of claim verbatim with the amounts they are claiming, and (b) the date of the claim so we know the deadline for getting your defence in.
    • I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.   Obviously the piling receipt has to be linked to (10).   As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.   If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.
    • Hi, I’m really scared and nervous to write here, as I’ve never done anything like this before.    I had a telephone DWP compliance interview the other week, when I had the letter I thought I’d been called up at random as I couldn’t think what I’d done wrong.  In 2016 I started an open uni course part time as I was working, however a few months later I suddenly became unwell and was off work a year before finally becoming dismissed. I had to claim ESA while I was still employed as I hadn’t paid enough tax. My mum helped me make the ESA claim over the phone and one of the questions was ‘are you in full time education’ which I replied no to, but we said I had as at the OU part time.  I had to attends job centre visits and told them again about my open uni course, and every year I phoned up for a letter to confirm my ESA for my student fee loan and a part time grant.  The compliance officer is investigating me because I hadn’t declared my studying even though he had it down that I said I was with them. So I’ve had to send in all my information on my student grant which is £1155 a year.  I’m terrified of what is going to happen because I’m sure they had everything down about it all. I’m still claiming ESA for my illness and I’m in the support group, and I’m upset because I’m sure everything was down.  I just wondered if anyone knows what’s going to happen to me.    Best wishes 
    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
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Electrical installation completed - not paid by Fishnet Properties LTD


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Hi,

 

I need some advise please. I have completed a full office electrical installation for a client and provided electrical installation certificates. It has been about 7 weeks now. I have spent 1000 of my own money for materials, total job worth is 3750 as agreed. I have sent an invoice to the client for the job 3 weeks ago. He said he will pay me, but every week I am chasing him and he says "sorry I will chase the office for payment" however no payment is being made. 

 

I have all proof from before job started and after it was completed in pictures. I have all conversations with him on whatsapp from beginning. I think the only mistake I had done was the invoice I issued did not have payment terms i.e 7 days.

 

What would be the right course of action to take? I am thinking letter before action and then take him to small claims court perhaps. Is there a specific time frame that I have to wait before sending either of these?

 

Thanks

Edited by Karalius
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issue a new invoice now cleary stating payment in full by 7 days.

 

then issue a letter of claim giving 14 days.

 

if no payment launch a small claim through mcol website

 

do not do so unless you are 100% mean to follow through at each stage ..esp to court .

 

@BankFodder will pop in soon with finer details

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have nothing to add to the advice above until the initial seven days have expired.

However you might want to save some time by drafting a letter of claim and posting it up here for us to check.

Is this client a private individual? Do you know where they live? Have you checked that they own their own home? You can do a land registry check for a small fee https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

 

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Thank you both. I do want to pursue this to the end as its a lot of my own money invested plus 4 days work involved. 

 

Its a LTD company, in fact he has 5 companies under his name. I do not know where he lives, but looking at companies house it shows his address, but unsure if its his home address. Should I still pull out his land registry details? 


I had just sent him new invoices with 7 days payment terms. 

 

Is there any good sample that I could find for letter of claim for similar case? 


Thanks

 

 

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Check the land registry website first

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Yes, you have to pay a fee in order to get copies of those which will allow you to discover whether the person who owes you the money is the owner of that property. It's not a very great fee – and it is an important piece of information to have – particularly if you find that they are the owner

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Thanks. I will purchase that.

 

FYI I have sent new invoices with 7 days payment terms. Today is 7th day. No payment.

 

I had called the client on Friday from my own number. No answer. Couple hours later I called him from different number, he answered and obviously was confused. He pretended to say it was ridiculous that the office has not yet paid and that he will chase them up (again). 
 

Should I try to ring him today again and ask or it’s best bet to send letter before action?

 

Im also a little confused how to write the letter as never had to do one. Is there a sample template anywhere on here that I could use? I searched but could not find anything.

 

Thanks

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Well done on using the telephone in that way. Excellent. And of course because you've been here since 2017 you are thoroughly familiar with our customer services guide and our constant advice to record your calls so luckily you did all of that and you got a recording of it.
Bravo.

That will be very helpful to you.

 

There is no template – every case is different. Draft a letter of claim and post it here and will have a look.

Keep it short and to the point. However if you haven't checked up his assets – whether he owns his home, then you aren't ready to start making threats yet are you?

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Great so he is not trading as a limited liability company. You are suing for more than £600 so when you get your judgement – as you surely will, you should transfer it immediately for enforcement to the High Court enforcement officers. That will cost you £66 extra and they will go round to his place and carry out a very vigourous enforcement. Not only that, the cost of enforcement is about £2000 and he will be responsible for those enforcement fees as well as all your own fees.

In your letter of claim I wouldn't mention any of this.

Post the letter of claim here and we will have a look.

As soon as you have sent the letter of claim, register on the money claim County Court website and start preparing your claim. You can save your work as you go. Post your particulars of claim here before you put them up on the money claim website.

Incidentally, at the end of the 14 days in your letter of claim you must click the claim off. Don't bluff. If you make a threat then you must carry it out otherwise you immediately lose credibility

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Hmm, I'm a bit confused now. His company is a LTD company on which his name and address shows up on companies house. I assume that is not LLP as to what you are referring. 

 

I attach letter of claim. I am unsure if this is the correct way to type it out. 

 

 

Thanks

 

 

Electrical v1.docx

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I had gathered that you are dealing with him as an individual. Is this not correct?

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Sorry, I've looked back over the thread and I see that you stated earlier that you are dealing with a limited liability company.

Well at least you have his registered address which is also the property that he owns. The property in his own name or in the company name?

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I also now see that I hadn't understood the story. You are apparently contracted to to supply and implement an electrical installation at the home of third party – he was a client of your customer. Your customer is the one who is now avoiding paying your bills. Is this correct?

Your letter of claim is far too detailed and extremely confusing.

 

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Ok I will clear up all story. I believe customer is not paying. I had met this man at a job I was doing. We exchanged numbers. Few days later he called me for services. I agreed to do it. It’s an office installation for a client of his. I thought he was individual until I asked to who certificate should be issued to. He asked to issue to his LTD company. 
 

I had issued him an invoice under my LTD company that I hold. 


The house is in his personal name. 
 

I also don’t know if I should send letter of action as my LTD company or as myself.

 

Thanks

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It's getting very confusing. It's really not clear who the customer is. Is that your customer or your customers customer?

Also, why don't we know the name of this company that you are dealing with and is refusing to pay? I think it's about time you identified this and it would make things easier to understand apart from anything else.

That you better give us the identities of both these people.

If you did the work as a limited liability company then clearly you should sue him in your capacity as a director for your limited liberty company.

I think you need to help us untangle these identities and the get the story straight because clearly we didn't know – you haven't told us

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No problem I’m not trying to hide anything. I don’t know how these things work and want to learn and get the money back that I am owed.

 

The company who is refusing to pay is Fishnet Properties LTD. Lawrence is the guy’s name who owes me money and who I did the job for.

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So are you saying that Lawrence is his first name? And is he the owner of Fishnet Properties Ltd?

And who is his client?

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges...

 

 

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Dear XXX


Letter of claim
On XXX date you contracted with me to carry out certain electrical works that XXX property for £XXX.

The work was completed satisfactorily but despite sending you invoices and several reminders over XXX weeks, you have still not paid.

If you do not pay me in full within 14 days then I shall start an action in the County Court to recover the money plus plus interest plus my costs.

Yours sincerely

 

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Morning,

 

Many thanks. Yes to both questions Lawrence is his name and he is the owner. I do not know who his client is. 
 

Should I send the letter to his house under companies house or would it be ok to send it to him via WhatsApp where I’ve been dealing with him?

 

Thanks

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Stop using WhatsApp and other social media for this. It's not some kind of computer game you're dealing with.

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I think it might be fun to send it to his house so that there is a little shock.

Send two copies. One to his house and one to the office

 

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so that there is a little shock.

:-) 

We could do with some help from you.

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  • BankFodder changed the title to Electrical installation completed - not paid by Fishnet Properties LTD

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