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Breach of contract/non-payment
I’ve had a couple of invoices dishonoured and so am going to follow the webinar regarding defaults, enforcing contract etc, and buy the pack (can’t remember the name).
I just wanted to confirm tenses, as with credit cards debts and others I do always use the plurals “we” “us” etc., but what about individuals? I don’t use my strawman to contract privately so am not a we, but these two operate as managers of businesses though I only contract with the named man/woman. If I’m going after them privately, and I’m not a company, I don’t want to mix up my jurisdictions, so do I use “I, me”?
One defaulter has said he won’t pay until another matter I am dealing with on his behalf, utterly unconnected with this invoice or the contract, is settled. I’m in the middle of dealing with a fraudulent PCN for a fleet vehicle – fraudulent because the £1.50 parking charge was paid and where I have wholly exonerated him and the company from any liability. The other one doesn’t want to pay outstanding invoices on top of the new one. They are, by the way, in a relationship.
This has also put me in a serious financial danger. My car is currently in the garage, and possibly going to be scrapped. I did contract work on a farm, and am trapped on the campsite with nowhere to go and no way to get there. Both the defaulters know this, as my car has been out of action for about 6 weeks, and are also trying their best to invent ways to force me to leave (which I want to!) but knowing full well there is no way for me to do this without being paid. I’ve made it clear they have put me in financial hardship. They’ve banned me using the campsite address to get any deliveries, they’ve conveniently sent out an email (only to my email address apparently) saying that the campsite will be closed from 7th November and all guests (not that I’m a guest, I’m here under compulsion, which he agreed to by his silence to my email) must take all belongings otherwise they’ll treat them as abandoned and dispose of them.
Locally there is nothing – 2 buses an hour, 1 very limited-stock shop, no laundrettes within 1.5hours bus ride. I have very little money having to spend so much on travel now, and either it’ll be going towards my car being fixed, or towards a new one if I have to scrap the old, which will leave me essentially broke. Currently a fairly undignified way to live. I know nobody where I am, and am trying to scrape together money to ensure I can get transport, as this is the only way I will be able to get out of this nightmare. I live no closer than 5-7 hours car drive from my nearest family or friends. Luckily I have a printer and an electric connection, so I can complete the beginning of the process to get payment.
I have plenty of emails now, with me posing questions about the non-payment and setting them up to either argue (which they did) go silent (which they also did) but they’re not formal notices. They know the situation and are essentially using it to distress me, make threats about disposing of my property if I’m here on the campsite after they “close” (which they won’t because there are a lot of long-termers who won’t take their caravans elsewhere – and I suppose legally shouldn’t even be here) and make me seriously uncomfortable leaving my property on site. We’re talking a large bell tent and small furniture items, sewing machines and other valuable goods (I’ve been here since June) and I would normally lock them in my car. I do not trust them and fear for my property when I have to take long trips off site to get food or otherwise.
I’m just wondering about pressure points I can use in my notices that won’t be a dishonourable if I use them as nudges to encourage them to settle. They are digging their heels in which is expected, and it’ll be a bit of a haul to get my money, but I need a bit of insurance I can put in writing and get sent asap to show I’m not going to let this fizzle out.
I’ve always been able to just pack up and drive on, but having no car has destroyed that ability at the absolute worst moment in time!
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1 Reply
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You probably need to compile evidence so you can take it to a lawyer. Find a lawyer who won’t charge you unless you have a win. If they won’t act honourably in the private it may have to be settled in the public. Another option is to take it to small claims court that deals with matters up to a certain dollar amount and has an adjudicator who determines from the evidence presented if the person making the claim has a valid claim and the adjudicator determines whether you get the dollar amount you are claiming. Sometimes, just the other side knowing you are making a claim can bring it to a resolution.