ok,
I have read the replies and there are a few questions for you
Is this retire builder a Ltd company of a private individual?
Have you submitted a written quotation?
Do you have a set of terms and conditions? if not here is one from this forum a few weeks ago and I'm now adopting these.
(
http://www.electriciansforums.net/b...an-business-requires-advice-2.html#post397464)
Any documentation in regards variations or extras?
Did you submit the invoices in writing?
If you did submit the invoice did it state when the invoice was due?
What if any contract do you have in writing?
What if any contract was agreed verbally?
As it has already been stated that you should submit an invoice stating that if payment is not received within 7 days from date of the invoice the legal action will proceed?
After this has elapsed there are 2 choices. You can either go down the small claims court,
the URL is
https://www.moneyclaim.gov.uk/web/mcol/welcome
The forms are straight forward, when it goes to court go prepared and have all your documentation with you.
Over the last few year myself and my other half have been there 4 times, both us claiming against others and others claiming against us
1) Me first time. non-payment of invoice when subcontracting. I won I didn't fill the form in claiming interest on overdue monies so I got my invoice amount and expences
2) Other half. She said some garments (she's in the rag trade) were sub standard. the other party stalled and at the 11th hour attempted to propon the hearing. The magistrate over ruled him and he was absent. we won. and got expenses and costs. we wrote to him stating that he had 7 days to collect his stock, pro-former invoice for us to return his stock (invoice for something that will be done in the future). He had a courier company collect them.
3) A builder took us to court for non-payment of invoices. the work in the garden was not fit for purpose. we (both parties went to court) he wanted a plumber that is now a surveyor to be an expert witness. we wanted someone who has experience of block paving and hard landscaping (now retired from actual work due to back injury). There is no qualification in hard landscaping, however the expert witness we were proposing was helping to write the NVQ in it.
The long and the short of it is, the report went badly for the builder and he started another company. when we won there were no assets in the company. he had moved his office to his home. which has a 600mm high fence around it with and entryphone. there is CCTV in operation.
we commuted the CCJ to a writ of via farrsas (don't quote me basically as the money was over ÂŁ600 the bailiffs have more powers).
As the registered office is a domestic house then there is no way they can force entry to recover goods to the value.
Basically we won, but we won alot of work with no reward
4) Me subbing for another company, I started the small claims court against them. they "Phoenixed" the company. basically moved all assets out of the company left all the debt. and I was down ÂŁ3500
someone stated getting building control involved about the 1st fix was carried out but due to non-payment the second fix has not progressed and as a result any EIC is incomplete without your signature.
That's a good Idea
The small claims court is straight forward, you don't need to get someone to represent you, it'll be the magistrate, you and the other party sitting around a table.
When you do fill the form in. Make sure you fill in the bit about interest from the day the invoice became overdue
Good luck
Richard
