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Threatening letter to husband.

(11 Posts)
LovelyBath77 Tue 28-Jun-16 20:34:57

My husband is a sole trader. A few months ago he did some work for this company nearby. Then the man in charge wouldn't pay him. The company the work is for now wants my husband to finish the job. There was no written contract involved.

Last week he received a 'Without prejudice' letter form the man who hasn't paid him. (This man has been paid from the other company a substantial amount however). It says my husband has let them down, damaged their reputation, that they would have had lots more work from the other company etc. It demands my husband send them plans and drawings related to the work which they had 'asked for repeatedly' or they will take legal action.

Where does my husband stand it regard to this? he thinks he should reply. I think he should not, and that anything he sends them may be used against him.

Also, any idea where he could get advice on this. The CAB? We are not wealthy. Many thanks.

QuiteLikely5 Tue 28-Jun-16 20:39:31

Has you husband told the company that the middle man has not paid your husband?

And what reason is the middleman giving for not paying your husband?

LovelyBath77 Tue 28-Jun-16 20:58:12

Yes he has told the company.

They are not paying him because when he put in his invoice they said they were shocked or something. No reason really.

LovelyBath77 Tue 19-Jul-16 20:28:04

He's had another letter. This time from a solicitor saying they want the drawings in ten days or will commence proceeding on him.

It says he should not have told the company he had not been paid without reason, and again goes on this time about defamation of character?

Not sure what to do. The strange thing is, they apparently already have the drawings, but when he tries to email them they won't communicate.

Don't know what all this rubbish is about. Any advice further? Should he seek a solicitor? We don't really want any further to do with this person and I think it's very odd him doing this when he has not paid my husband. It s obvious the work is done as the other company is signing it off as complete.

Collaborate Tue 19-Jul-16 20:45:14

If it's true it can't be defamation.

Get evidence from the other company that it's signed off as complete.

LovelyBath77 Tue 19-Jul-16 21:08:04

Good idea

LovelyBath77 Tue 19-Jul-16 21:41:01

Would ACAS help with this?Also what kind of court would he ask husband to go to, a tribunal or something? Thanks. Worried.

prh47bridge Wed 20-Jul-16 07:14:06

No, ACAS won't help with this. Your husband was an independent contractor, not an employee. If this goes to court it will be the County Court - possibly the small claims track (often referred to as the Small Claims Court). Your husband should be taking action against the middle man for non - payment.

LovelyBath77 Wed 20-Jul-16 08:45:01

Thank you. Is that the same Small Claims court he could be going through for non-payment? Sorry, we are new to this,

prh47bridge Wed 20-Jul-16 19:31:59

Any financial claim from your husband or the middle man will go through the small claims court unless the amount of money involved is too much or the case is too complex.

LovelyBath77 Wed 20-Jul-16 21:30:12

OK thanks. He just had an email from the man saying he can meet and go over the drawings with someone or they can go through the courts and the choice is his.

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