Small claims court and contract query

Hi there, I run a magazine and am taking one of my advertisers to the small claims court for non-payment of an advert. In a nutshell, she had issues with the design of the ad, but I changed it for her, she approved it and then we went to press. She only started moaning again once I invoiced her. She paid for three quarters of the cost (in three installments, all late) but is now refusing to pay the fourth. I've tried late payment fees to no avail.

She claims she doesn't like the design. That's all OK as I have proof that she approved it, so she doesn't really have a leg to stand on there.

The other thing is that she's claiming she was never shown a contract or T&Cs. Now this is true. It's only a small local magazine, and I've never had to show anyone a contract (or T&Cs) before or since. I was told that the invoice (along with other correspondence) basically IS the contract because I can show that an agreement has been made for her to take out an advert.

Legally, could she beat me in court because there's no formal contract as such, or would I be OK? Basically, she's a very argumentative person who's fallen out with half the town and is trying anything she can to get out of paying.

But surely the invoice - and the fact that she's made three payments already - will play in my favour, no?

Also, any guidance for the small claims court hearing and submitting my statement more generally?

Thanks!

Andie

Hi J,

Many thanks for the reply - that's really good to know. Do you know which law states that I can have a verbal contract? Just that she's going to raise this in court, so it would be good if I could quote a certain piece of legislation. Again, which law (I assume the same one) states that the emails constitute a contract?

Are there any good resources online I can read about this - and the process at court on the day itself?

Many thanks,

Andie

PS Had to open a new account to reply as I can no longer log in with the old one. There appears to be a few bugs in the site. Thought you'd want to know!

No worries, thanks for all your help - and keep up the good work!