Hi!
I've recently started a small project through my own limited company. The job is for a private individual, who I met through a mutual friend. Because of the friendly connection and the fact that we work in the same field in the same town, I didn't bother to draw up a formal contract with them. Nonetheless, we have discussed the project and payment extensively via email. After a couple of weeks' work, they are now challenging whether they ever agreed to pay me at all, and I'm thinking of taking them to small claims based on the email correspondence about the job.
I have plenty of emails backwards and forwards over around 3 weeks where we discuss the job, I show them work progress and corresponding time sheets with hours/rates, they agree the work is going well, and they ask me to continue working for them after receiving these things. They have questioned some items from the time sheets over this time, but after each occasion, we've had a discussion, I've generally taken their side, and after that I've been asked to continue work. We definitely reached a point where all the questions about past work appeared to be settled, and I was asked to continue with new work.
Unfortunately, about a day later, they re-started the question about whether they should pay for a particular item they didn't like (they wanted minor changes to it, and wanted to pay for the changes, but not the more significant underlying work). When I refused to back down on this, the conversation escalated first to a disagreement about the rates I'd put on older timesheets, and then to a disagreement about whether they ever committed to paying me anything at all for the work I was doing. They don't accept that the time sheets and work I've sent and discussed with them are proof that we have an agreement, even though these things have only recently been challenged. There is also no way I would be working with them or sending timesheets that include rates if I wasn't expecting these to be paid.
My guess is that they are taking the view that, because we don't have a formal contract, they can ultimately get out of paying.
I've successfully taken people to small claims before in circumstances where the only form of contract was via a similar email correspondence, but at that time I was acting as a sole trader, and this time I'm using a limited company. I know it's an extreme step, but is there anything that would stop a small claims court ruling in my favor on this?
Thanks in advance for any replies.
I've recently started a small project through my own limited company. The job is for a private individual, who I met through a mutual friend. Because of the friendly connection and the fact that we work in the same field in the same town, I didn't bother to draw up a formal contract with them. Nonetheless, we have discussed the project and payment extensively via email. After a couple of weeks' work, they are now challenging whether they ever agreed to pay me at all, and I'm thinking of taking them to small claims based on the email correspondence about the job.
I have plenty of emails backwards and forwards over around 3 weeks where we discuss the job, I show them work progress and corresponding time sheets with hours/rates, they agree the work is going well, and they ask me to continue working for them after receiving these things. They have questioned some items from the time sheets over this time, but after each occasion, we've had a discussion, I've generally taken their side, and after that I've been asked to continue work. We definitely reached a point where all the questions about past work appeared to be settled, and I was asked to continue with new work.
Unfortunately, about a day later, they re-started the question about whether they should pay for a particular item they didn't like (they wanted minor changes to it, and wanted to pay for the changes, but not the more significant underlying work). When I refused to back down on this, the conversation escalated first to a disagreement about the rates I'd put on older timesheets, and then to a disagreement about whether they ever committed to paying me anything at all for the work I was doing. They don't accept that the time sheets and work I've sent and discussed with them are proof that we have an agreement, even though these things have only recently been challenged. There is also no way I would be working with them or sending timesheets that include rates if I wasn't expecting these to be paid.
My guess is that they are taking the view that, because we don't have a formal contract, they can ultimately get out of paying.
I've successfully taken people to small claims before in circumstances where the only form of contract was via a similar email correspondence, but at that time I was acting as a sole trader, and this time I'm using a limited company. I know it's an extreme step, but is there anything that would stop a small claims court ruling in my favor on this?
Thanks in advance for any replies.
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