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Dispute from client to pay invoice

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13 years 3 weeks ago #541 by jackie@turn2merecruitment.co.uk
I have signed terms by a large estate agency by a Reg Sales Director (in charge of their branches, area and hire and fire) and have 5 invoices previously paid.

since then the RSD left. I emailed the Senior MD to intro myself to say i have not spoken to him before but i currently recruite for his company. Can i help find the replacement RSD. His reply was 'yes please'

since march i have worked very hard and successfully placed the new RSD for london area. I invoice... to get ignored and for him to email 'i thought we verbally agreed £££ (£10k less than invoice) to which i said no. here are the signed terms. pls pay.

to my suprise. 3 weeks later nothing only that i should withdraw my invoice as it was un solicited email?

I have invoices and terms. can they do this or can i fight this as they are huge. im a very small firm.

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13 years 3 weeks ago #547 by David J
Hello Jackie

I would recommend getting legal advice on this. The amounts you mention here are too large to leave to chance. The law Society have a lawyers for business scheme where you can get 30 minutes free advice.

Regards

David

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12 years 11 months ago #596 by pre-legal
Hi Jackie

If still looking into options on how to proceed, may I suggest you keep your communication channels open and focus on keeping your working relationship/revenue stream if at all possible. You have a contract with a legal entity. The company owes you the money regardless of change of personnel.

In England and Wales the pursuit of monies by claimants is covered by legislation – the debt Pre-action Protocol and Civil Procedure Rules (CPR).

The pre-action process starts by sending your client a Letter of Claim detailing all the facts on which you intend to rely. Avoid making your claim confrontational keeping your letter firm but fair.

The power of the Protocol ensures your client is obliged to co-operate in the sharing of the information being sought by you, identify any issues they may have, and identifying all the facts on which they intend to rely. Ask them in your letter for these facts and any documents or information which they will rely on.

When you have your client’s response to your claim (or no response within a reasonable timescale, 14 days) you can contact the free government supported Business Debtline service www.bdl.org.uk with the facts to discuss your options. They may be able to mediate on your behalf with the intention of not having to take the matter to Court. You may also choose to take independent legal advice.

The expectation of Pre-Action Protocol is that both you and your client (the debtor) provide evidence that alternative means of resolution were considered ‘appropriate and proportionate’ to the case. Your offer of mediation would be evidence of this and should enable you to reach a win-win solution avoiding proceedings.

Justin Lievesley - Pre-legal.com Ltd. ... settling debt claims, resolving disputes, providing access to justice

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