I have not been paid, what shall I do

sham · Jul 2, 2018

Hello, I am a self-employed electrician who has carried out work for a pub/club in my area. I did not do a contract. It’s been nearly 2 years and he has not paid me. He owes me over £5000. I tried seeking advice and somebody suggested that I go on-line to claim through MCOL on GOV.UK site. Apparently it is the cheapest option. It says on the online-document, before a claim is made I need to follow an pre-action protocol. The pre-action protocol booklet that I downloaded confused me. Can someone please tell me which steps I can take.

What I have so far,

I have messages between me and him regarding the work.

I have taken pictures.

My Scheme assessor came to look at the work and I have an assessment report to that address.

I have completed an Electrical installation Certificate.

JK-Electrical · Jul 2, 2018

Have you invoiced him, sent reminders and then sent a final demand for payment? If so, did you retain copies?

Deleted account · Jul 2, 2018

This is the wrong place for that kind of advice. For that amount of money go to a solicitor.

He/ she may tell you it's not financially viable to pursue the case as it's far from clear whether you would win especially if you didn't have a contract.

sham · Jul 2, 2018

JK-Electrical said:
Have you invoiced him, sent reminders and then sent a final demand for payment? If so, did you retain copies?

I've Invoiced him, sent emails, he even said he had a payment plan for me. But they seem to be false promises.
When phoned him and asked in a direct way ''Why have you not paid me''. He put the phone down on me, when I texted him ''Why have you not paid me'' . He replied with, '' What are you on about I have paid you, and don't call me when you're drunk'' Followed with ''Where are the reciepts, invoice'' etc.I have gave him these repeatedly. His done this before to others as I started to do an investigation on him, after he conned me.

Deleted account · Jul 2, 2018

I really feel for you on this one. I think you have faced the fact that he is never willingly going to pay you.
So either drop it and put it down to experience or do what I would do and employ a solicitor.

andyb · Jul 2, 2018

Pete's right, go to a solicitor and get him to send a letter pre legal proceedings, that quite often does the trick.
You should by now be adding interest and all costs, so that's the solicitor's cost from the start.

Octopus · Jul 2, 2018

2 years ............... are you mad or serious?

Read this thread and LEARN.

Contractor not paying me money owed advice please - https://www.electriciansforums.co.uk/threads/contractor-not-paying-me-money-owed-advice-please.101076/#post-1087952

Post #2 applies

HappyHippyDad · Jul 2, 2018

Small claims court perhaps..
How to use the small claims court - https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court

The Ghost · Jul 2, 2018

Just get a collection agency on to it.

sham · Jul 2, 2018

Paignton pete said:
I really feel for you on this one. I think you have faced the fact that he is never willingly going to pay you.
So either drop it and put it down to experience or do what I would do and employ a solicitor.

I just don't want him to get away with it, since my work the place has became busy, he has events. Everytime I go pass, I know If it was not for me his place would not of been what it is now. £300 pounds worth of material and fixtures that he is using, all mine.

buzzlightyear · Jul 2, 2018

now I going to give you a bit of advice.
1) send him a registered letter
2) send him a email
3) no reply
4) if you have given him a 30 day invoice in which you have given him
well passed the 30 days (2 years )
5 go to your courts get the forms fill them in let the court send him that you are now in the proceed to recover the Moines
if he has not paid send him the sheriffs .his will start back side will squeaking .

telectrix · Jul 2, 2018

they don't have sheriffs in w. midlands. they have Pontius Pilate.

buzzlightyear · Jul 2, 2018

I normally charge £200.00 just for that advice .

good luck .

KEV 1 N · Jul 2, 2018

Just send these lads round.....

littlespark · Jul 2, 2018

most solicitors will give half hour free advice, although they may ask why it took so long to start chasing it.
It will be worth it in the end, even if you have to fork out 1k to get your 5k back. better you having it than them keeping it.
There are several threads on the forum, including my own, that all suggest take them to court. Contract or not, you have done work, they have not paid... your emails and texts will be good evidence if it ever comes to it. You may find a court paper landing on their doorstep is enough for them to pay up.

Next step is to let some rats loose in their beer garden