Any Legal Experts on the Forum???

[CDS]

Dear All,
I'm currently going through Small Claims proceedings with a management company that owes me nearly £3k from a job we completed 5 months ago. Company is working as Managing Agent on behalf of a block of flats. They state that this was not an insurance claim and my invoice is being paid by the Residents Associations Account - which 'currently has insufficient funds available to settle the invoice'.

Following a bit of detective work I've just found out that an Insurance company dealt with the claim and paid the management company for the work completed back in November last year (about 2 weeks after we finished the job) so it appears they are withholding funds! The company accepts it owes me money but won't / can't tell me when I will actually receive it. Basically I've had every excuse under the sun from them.

Based on the fact that they have received money from an insurance company I'm wondering if they are legally in breach of anything that will really stitch them up in court? Breach of contract, obtaining money under false pretenses, fraud etc... anyone got any knowledge of this sort of thing?

I haven't yet told the company that i know they have been paid, I plan to throw the book at them and will happily go to court if need be but trying to get my case so they will have an awful lot of explaining to do to his Lordship the Judge!

Many Thanks Chris

 

[Rizzle from the Portizzle]

relax going to a small claims court you just have to prove your point .who did you invioce .what terms did you argree on payment .how much is owed plus cost of your time court cost.what request you have made for payment.what replies you got .the company you claim agaist is the one on the invoice .the courts not intrested in third partys .put all your paper work together if you are right you will win good luck

 

[swanman]

Being owed money is a big pain hope you sort it

 

[Olz]

Have you already started proceedings?


Sent from my iPhone using Tapatalk

 

[Dan]

Moved to the arms as it's quite a sensitive topic.

I would call a few solicitors as they normally spend an hour with you explaining your options FOC. I'd do that with a few different ones to get a good feel for what your options are.

Nonpayers are pain in the arses at the best of times but when it's a company trying to scam tradesmen, they probably knew what they were doing right from the start. So I'd make sure you put all paperwork related to the job in a file and really get a strong case before starting anything.

Sorry i couldn't be of more help.

 

[finlay]

i once took someone to small claims court in very similar circumstances as soon as the judge heard they had been payed by the insurance company he awarded them to pay up and all my costs .I hope in your case the same happens ,all the best Bob

 

[Dan]

Promising info finlay nice one.

 

[Mike Mike]

I hate people like these managing agents. They are parasytes and scum. Claiming that the Residents Associations Account has insufficient funds is, in legal terms, as irrelevant as you saying to British Gas "sorry, I can't pay my gas bill, I have insufficient funds in my current account, and I cannot inform you when I am likely to have sufficient funds to pay your bill".

Take it to the small claims court and as long as a contract exists and they don't attempt to claim that you have failed to fulfil your side of the contract (e.g. you have not finished the works, or that they were of unsatisfactory quality), then it will be judged in your favour.

For a contract to exist, verbal or written, there have to be the following elements:

Offer (from you, for example a quote, which should detail payment terms)
Acceptance (by them, of your offer)
Consideration (both parties must receive something of value i.e. they receive your tiling work, and you receive their money)
Intention to create legal relations (both parties must have the legal capacity to enter into the contract and be legally bound by it. The managing agent's 15 year old daughter would not have capacity to enter into contract with you, for example)

If those elements exist in this case, and they have failed to fulfil their side of the contract (payment) then it should hopefully be straightfoward to get your money, and be made whole on costs incurred in bringing the action.

Good luck! And when it's all over, go round and burn down the managing agent's office. :ninja:

 

[CDS]

Thanks all, proceedings have been filed and am just waiting for the to file an official response. Not really expecting any problems if it goes to court and certainly not worried about it just wanted to know if they were actually legally stitching themselves up as I have various documents from them stating that they haven't gone through insurers... and a letter from the insurance company with date they settled and the cheque number.

There may be a sticking point in that I have named the Mangagement Company but the invoice was addressed to the Residents Assc - On the grounds that is the Management Company who have failed to pass on payment - Do you think I need to check that this is the correct procedure?? Cheers C.

 

[Rizzle from the Portizzle]

the claim must be the name on the invoice not a third party

 

[andy8758]

I hate people like these managing agents. They are parasytes and scum. Claiming that the Residents Associations Account has insufficient funds is, in legal terms, as irrelevant as you saying to British Gas "sorry, I can't pay my gas bill, I have insufficient funds in my current account, and I cannot inform you when I am likely to have sufficient funds to pay your bill".

Take it to the small claims court and as long as a contract exists and they don't attempt to claim that you have failed to fulfil your side of the contract (e.g. you have not finished the works, or that they were of unsatisfactory quality), then it will be judged in your favour.

For a contract to exist, verbal or written, there have to be the following elements:

Offer (from you, for example a quote, which should detail payment terms)
Acceptance (by them, of your offer)
Consideration (both parties must receive something of value i.e. they receive your tiling work, and you receive their money)
Intention to create legal relations (both parties must have the legal capacity to enter into the contract and be legally bound by it. The managing agent's 15 year old daughter would not have capacity to enter into contract with you, for example)

If those elements exist in this case, and they have failed to fulfil their side of the contract (payment) then it should hopefully be straightfoward to get your money, and be made whole on costs incurred in bringing the action.

Good luck! And when it's all over, go round and burn down the managing agent's office. :ninja:

I am seriously impressed Swedish Mike. Guess you are more English than Swedish with a knowledge of our law like that!

 

[Mike Mike]

I am seriously impressed Swedish Mike. Guess you are more English than Swedish with a knowledge of our law like that!

Andy8758, you're welcome.