Small Claims Court Unpaid Invoice

[Cantthinkof12use]

Hi guys, following on from my previous post

http://www.theanswerbank.co.uk/Business-and-Finance/Question1371893.html

Could anyone offer any thoughts / experience on what happens.

I have done alot of work for this customer who had always paid immediately on completion, he didn't want receipts etc. On this particular job I did the work which he paid me some of the money then asked me to quote for extra work which he went ahead with. On completion of this he said he would bring the money to my premises as he didn't have any to hand. He didn't show up and he didn't respond to my phone calls / email (only to say that they haven't been at home etc - not actually mentioning payment).

I left it a while then sent a 30 day invoice. Still no joy.

I then called at his property he said he didn't have the money but we negotiated that he could pay in weekly instalments, the first of which he would have if I called round a couple of days later. I turned up, the money didn't! He said he would bring it round the following day, yes you've guessed - no show.

No response to my phone calls again.

Eventually I get an email saying what is the invoice for? as he has paid me in cash!! He hasn't and he knows it!

So I have now sent an 'letter before action' giving another 7 days and then legal proceedings will start.

So, how do I prove he hasn't paid me in cash or any other method?

I have to say that it's not so much the delay in receiving payment that annoys me, it's the constant fobbing off!

Any experiences of this would be appreciated.

Cheers guys

[Tuvok]

Do you have the quotes in writing or were they verbal?

[boxtops]

What records have you kept of the cash receipts? Whether you invoiced him or not, would your receipts ledger - £200 from Mr X for Y work?

[grasscarp]

He would need to prove that he did pay you. You cannot prove non receipt. If he gave you cash then where, when, how much and where is a receipt.

[Cantthinkof12use]

Thank you. Quotes were in writing but only the acceptance of one of them was verbal. I have a spreadsheet where I keep records of payments received. All previous payment from this customer is logged

[Cantthinkof12use]

Hi me again! My letter before action has been returned to the post office unsigned for. Can I still start proceedings if the customer hasn't seen the letter.

[grasscarp]

This website may help you with procedure
http://www.courtroomadvice.co.uk/how-make-claim-small-claims-court.html

[RGIBITV]

Hi,

My name's Robbie and I'm a researcher for ITV Daytime. I think I might have a solution to your problem.

Please give me a quick ring on 0161 952 0547.

Cheers,
Robbie.