Small Claims
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Discussion

red_slr

Original Poster:

20,895 posts

219 months

Monday 10th October 2016
quotequote all
We have a customer that's going to default on an invoice. We already know this. I am keen to get the small claims process under way.
However, we generally write to people giving them 28 days to pay. But I know this invoice is not going to be paid - is there a minimum set length of time I need to wait? If I send a letter today (payment was due 1/10) giving them 7 days and then issue is that too quick?

Thanks!

Nick Grant

5,510 posts

265 months

Monday 10th October 2016
quotequote all
HMRC rules say it must be paid within 30 days after the invoice was issued.

https://www.gov.uk/invoicing-and-taking-payment-fr...

Simpo Two

92,989 posts

295 months

Monday 10th October 2016
quotequote all
'Pre-Action Conduct: Before starting a claim, the court expects you and the defendant to take a number of steps to try to settle the dispute. These steps are known as ‘pre-action protocols’ and they involve you and the defendant trying to settle the issue without going to court (for example, you will usually need to send the defendant a letter before making the claim, providing sufficient information about the matter to allow them to understand your position, and allow them a chance to respond).

No time is given but I'd say 7 days is too short; the defendant could claim they were off sick, on holiday etc so didn't see it in time. Court should be a last resort not a first.

From https://www.gov.uk/government/uploads/system/uploa...