Can Emails be used as 'proof' ?

[rabiddog]

I'm in dispute with a previous client over unpaid invoices, usual story, they deny all knowledge of receiving timesheets in by snail mail and therefore won't pay the invoices.

I have a history of emails sent and received that do acknowledge work was completed etc..

It's not a huge amount of money, more a principle really.

Question boils down to : Are emails regarded in the same light as Recorded/Special delivery letters for legal actions ?

Any help much appreciated.

[pzz76077]

I'm in dispute with a previous client over unpaid invoices, usual story, they deny all knowledge of receiving timesheets in by snail mail and therefore won't pay the invoices.

I have a history of emails sent and received that do acknowledge work was completed etc..

It's not a huge amount of money, more a principle really.

Question boils down to : Are emails regarded in the same light as Recorded/Special delivery letters for legal actions ?

Any help much appreciated.

In general, yes. Link here with a bit of detail: http://www.out-law.com/page-5537

PZZ

[rabiddog]

Thanks PZZ Appreciate that.

[pmeswani]

I'm in dispute with a previous client over unpaid invoices, usual story, they deny all knowledge of receiving timesheets in by snail mail and therefore won't pay the invoices.

I have a history of emails sent and received that do acknowledge work was completed etc..

It's not a huge amount of money, more a principle really.

Question boils down to : Are emails regarded in the same light as Recorded/Special delivery letters for legal actions ?

Any help much appreciated.

It's difficult to say in this context. You should have done the following:

1. Faxed your timesheet over to the agency.
2. Sent the timesheet by registered / recorded delivery in order to obtain a signature as proof that they have received the timesheet.

The question you have to ask yourself now is that if you raise an invoice to the agency and they refuse to pay, could you afford to take them to court based on hearsay?

If I were you, I would get the client to email you and the agency the number of hours you have worked (if you were paid on an hourly basis) or the number of days you have worked (if you were paid on a daily rate) for the time since your last confirmed timesheet. Get the agency to confirm that this is acceptable. If they don't accept it, tell them that unless they paid up, you won't be carrying out any further work for them or the client in the future. (May be considered as an idle threat, but worth a try). And also let the client know the situation as well.

[VectraMan]

I submitted emails as proof in my case against a non-paying client last year, which the solicitors were perfectly happy with. But the client didn't offer any defence or dispute anything, so I don't know what would have happened if he had.

Recorded delivery only proves that something was sent, not what was sent.

[pmeswani]

I submitted emails as proof in my case against a non-paying client last year, which the solicitors were perfectly happy with. But the client didn't offer any defence or dispute anything, so I don't know what would have happened if he had.

Recorded delivery only proves that something was sent, not what was sent.

I hear what you are saying about the Recorded delivery. But the agency would have had difficulties defending themselves if they were asked what was inside the envelope, especially if they are asked to surrender all written communications in the court of law.

[SueEllen]

I hear what you are saying about the Recorded delivery. But the agency would have had difficulties defending themselves if they were asked what was inside the envelope, especially if they are asked to surrender all written communications in the court of law.

The agency would simply not produce the paperwork and claim they haven't got it at all. A few companies have tried that on me without success.

As civil cases are judged on the balance of probabilities as long as you keep the copy of the recorded delivery slip and the letter you sent to them, if you have other documents you have sent to them over the lifetime of your relationship which you both have copies off then they simply won't be believed.