Can i sue the husband?
Discussion
Basically over 18 months had done over £10K of electrical work to their house.
All got on very well no issues. They were never a quick payer, but the odd prod and would pay up.
Now after completion they were all happy with the work, however the last invoice of £2K is yet to be paid.
She has been telling me for the last 3 months that they are waiting for funds to transfer from a savings account!
The 7 Bed house is worth ~£1.5 mill and he is a chartered accountant, so i don't believe they are struggling for cash.
Now they are married, but i generally dealt with the wife, and always invoiced the wife.
My patience has now run out.... and time to go legal.
My thinking is as the wife is just a house wife, she may just ignore proceedings.
However, I'm guessing the Husband would not want to ignore things due to his occupation?
And this would prompt payment.
So can i Sue the both of them, even though the invoice was to the wife?
Cheers
All got on very well no issues. They were never a quick payer, but the odd prod and would pay up.
Now after completion they were all happy with the work, however the last invoice of £2K is yet to be paid.
She has been telling me for the last 3 months that they are waiting for funds to transfer from a savings account!
The 7 Bed house is worth ~£1.5 mill and he is a chartered accountant, so i don't believe they are struggling for cash.
Now they are married, but i generally dealt with the wife, and always invoiced the wife.
My patience has now run out.... and time to go legal.
My thinking is as the wife is just a house wife, she may just ignore proceedings.
However, I'm guessing the Husband would not want to ignore things due to his occupation?
And this would prompt payment.
So can i Sue the both of them, even though the invoice was to the wife?
Cheers
Bristol spark said:
Basically over 18 months had done over £10K of electrical work to their house.
All got on very well no issues. They were never a quick payer, but the odd prod and would pay up.
Now after completion they were all happy with the work, however the last invoice of £2K is yet to be paid.
She has been telling me for the last 3 months that they are waiting for funds to transfer from a savings account!
The 7 Bed house is worth ~£1.5 mill and he is a chartered accountant, so i don't believe they are struggling for cash.
Now they are married, but i generally dealt with the wife, and always invoiced the wife.
My patience has now run out.... and time to go legal.
My thinking is as the wife is just a house wife, she may just ignore proceedings.
However, I'm guessing the Husband would not want to ignore things due to his occupation?
And this would prompt payment.
So can i Sue the both of them, even though the invoice was to the wife?
Cheers
Who is listed on the paperwork (quote/invoice etc)All got on very well no issues. They were never a quick payer, but the odd prod and would pay up.
Now after completion they were all happy with the work, however the last invoice of £2K is yet to be paid.
She has been telling me for the last 3 months that they are waiting for funds to transfer from a savings account!
The 7 Bed house is worth ~£1.5 mill and he is a chartered accountant, so i don't believe they are struggling for cash.
Now they are married, but i generally dealt with the wife, and always invoiced the wife.
My patience has now run out.... and time to go legal.
My thinking is as the wife is just a house wife, she may just ignore proceedings.
However, I'm guessing the Husband would not want to ignore things due to his occupation?
And this would prompt payment.
So can i Sue the both of them, even though the invoice was to the wife?
Cheers
Bristol spark said:
...
My thinking is as the wife is just a house wife, she may just ignore proceedings....
...
Top PH sexism marks!My thinking is as the wife is just a house wife, she may just ignore proceedings....
...
Leave aside the paperwork - who was it that hired you? Was the discussion along the lines of "we would like X work done"? It may be at least arguable that you were hired by the wife on behalf of both of the occupiers of the house.
As for assets to enforce against, the wife may have a share in the house in any event.
If you sue both, there is a risk that the husband will seek to have the claim dismissed because he was not party to the contract, but as I mention above the contract was arguably made with both. In addition, you could make an alternative claim based on work done which benefits the husband. This is called a restitutionary claim.
Forget the man's job. Trying to put pressure on him professionally would be cheesy and irrelevant.
Don't make threats. Courts expect parties to disputes to correspond sensibly before starting proceedings. The relevant Practice Direction says this -
Parties who do not do this are at risk as to adverse costs orders.
Civil Procedure Rules Practice Direction said:
3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—
(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.
This means write a calm and measured letter setting out the claim and inviting payment. (a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.
Parties who do not do this are at risk as to adverse costs orders.
You need to do a couple of things:
1. Write them a letter (1st class post) setting out the nature of your complaint. Set out facts in that letter as to what work has been done, what has been paid to date and what still needs to be paid. Note I used the word "them". They're married, so you can and should sue both of them: i.e. Dear Mr & Mrs A B Smith......or whatever. Make sure you also set out all the times you have asked for payment of the outstanding sum and what response (if any) you have received from them to date.
2. In the letter, give them 14 days to remedy the situation. My preferred course of action is always to put the actual date you want paying by - there can be no misunderstanding in that case.
3. Explain in the letter the action you will take if you don't receive payment by that date (i.e. issuing Court proceedings). Explain that you will sue both of them.
4. Make it clear that no response whatsoever will also result in the same actions by you.
Then, if they don't pay, you have this letter to annex to your Court claim if and when you need it. The Judge will then clearly be able to see you have tried to be reasonable and given them every opportunity to pay.
HTH.
1. Write them a letter (1st class post) setting out the nature of your complaint. Set out facts in that letter as to what work has been done, what has been paid to date and what still needs to be paid. Note I used the word "them". They're married, so you can and should sue both of them: i.e. Dear Mr & Mrs A B Smith......or whatever. Make sure you also set out all the times you have asked for payment of the outstanding sum and what response (if any) you have received from them to date.
2. In the letter, give them 14 days to remedy the situation. My preferred course of action is always to put the actual date you want paying by - there can be no misunderstanding in that case.
3. Explain in the letter the action you will take if you don't receive payment by that date (i.e. issuing Court proceedings). Explain that you will sue both of them.
4. Make it clear that no response whatsoever will also result in the same actions by you.
Then, if they don't pay, you have this letter to annex to your Court claim if and when you need it. The Judge will then clearly be able to see you have tried to be reasonable and given them every opportunity to pay.
HTH.
Thank you guys, i will sort out a letter.
Just checked, all previous payments came from Surname MS
So assume this is the wife.
Also most conversations/ decisions came from her, if i would ask him a question/decision he would get the wife!
So looks like I'm best to keep it all in her name?
And see if she responds to the letter...
Just checked, all previous payments came from Surname MS
So assume this is the wife.
Also most conversations/ decisions came from her, if i would ask him a question/decision he would get the wife!
So looks like I'm best to keep it all in her name?
And see if she responds to the letter...
So if she's the decision maker, and the person you've been invoicing, what would be the point in going after the husband? it sounds as if even if you addressed the legal paperwork to him he'd only defer to her anyway? She can ignore all she wants but it won't help her if it goes to court.
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