Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think this letter is a load of nonsense.

74 replies

LovelyBath77 · 28/06/2016 20:36

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 in 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.

OP posts:
Storminateapot · 28/06/2016 20:38

Yes, CAB first I think. Meanwhile no reply.

StillStayingClassySanDiego · 28/06/2016 20:41

No written contract between any traders? There's no contract to contest is there?

Ignore the threatening letter but keep all paperwork on file.

Original poster
LovelyBath77 · 28/06/2016 20:43

I thought that too. Husband seems to think he needs to reply or the man might go ahead. But I said he could go ahead anyway.

It's such a lot of rubbish, the evidence is there for all to see as husband has done the work and now the other company involved have taken him on.

Think the other man is malicious / manipulative and trying to threaten him to be honest. We have never been in a situation like this before though.

OP posts:
Original poster
LovelyBath77 · 28/06/2016 20:44

Husband says something about a verbal contract being legal as well?

OP posts:
Original poster
LovelyBath77 · 28/06/2016 20:44

Would the CAB have people to help with this kind of stuff do you know?

OP posts:
CordeliaScott · 28/06/2016 20:52

Is this a construction contract? If so, was there an agreement for staged payments? Has your husband served a notice of suspension? What contractual terms were agreed? If it was all a bit vague you may want to have a look at the Scheme under the Housing Grants, Construction and Regeneration Act as that fills a lot of gaps.

Whilst the letter states it is Without prejudice it doesn't sound like it really is, a lot of people seem to use it because it sounds legal without realising what you are saying is that you don't intend to rely upon the letter later if the matter proceeds to court.

CordeliaScott · 28/06/2016 20:53

Verbal contracts are just as legal as written ones

hownottofuckup · 28/06/2016 20:56

You might do better getting this moved to Legal?

TheHatOfDoom · 28/06/2016 20:58

Yes CAB could help with this and if it develops to something needing more specialist help can often refer to free sources of help.

Original poster
LovelyBath77 · 28/06/2016 20:59

Thanks yes I have posted there too. I will tell him about the CAB, thanks.

OP posts:
StillStayingClassySanDiego · 28/06/2016 21:04

How much money is involved?

Work again for a man who didn't pay the last bill , no fucking chance.

We've been self employed, been there and done it with tears who wouldn't pay up .

StillStayingClassySanDiego · 28/06/2016 21:05

*twats.

limitedperiodonly · 28/06/2016 21:07

Ask again in Legal

limitedperiodonly · 28/06/2016 21:08

Sorry, I've seen you've already done that. That would be more helpful but might take a bit more time.

LondonKiwiMummy · 28/06/2016 21:30

Facts are a bit vague. Who does the man who won't pay work for?

I wouldn't reply, he's under no obligation to do so. He is also under no obligation to send any work product if he has not been paid.

LondonKiwiMummy · 28/06/2016 21:38

Disclaimer: This is not legal advice.

Damage to reputation is hard to prove.

From extremely limited facts, it sounds like a try on to me, and a cheeky one at that. They don't get work product if they haven't paid. CAB can advise on form of a letter seeking payment of the debt they owe before release of any work product to them.

HereIAm20 · 28/06/2016 21:51

Write back saying until he has been paid for the work already done then no drawings etc will be released assuming there are any. Its a bluff re reputation etc otherwise they wouldn't want him back to do further work. If course there id a contract - your husband has carried out work. They are in breach for non-payment.

Original poster
LovelyBath77 · 30/06/2016 13:13

Yes that's what I thought; he hasn't been paid so why should he give his drawings etc.

The man who won't pay has his own limited company / small business. It would have been far better if husband had worked directly with the other company.

I am glad to hear it doesn't sound like this middle-man has any right to do this. I suppose as there is no contract anyway.

I mean, the main thing is we don't get sued by this guy. I did post in legal but didn't get many replies, so any further advice welcome. I have asked at the CAB via a letter, but not sure how much they will be able to advise.

Many thanks for the replies.

OP posts:
Original poster
LovelyBath77 · 30/06/2016 13:15

Also, just read the other replies. He's not going back to work for the man who hasn't paid, but the other company. The one they were doing the work for.

OP posts:
RaspberryOverload · 30/06/2016 13:29

Also, just read the other replies. He's not going back to work for the man who hasn't paid, but the other company. The one they were doing the work for.

That's the issue. The middle man appears to have been cut out by the other company and he's not happy. Wonder what the other company would say if they knew the middle man was holing on to money that should have been paid to your DH.

Original poster
LovelyBath77 · 30/06/2016 14:52

Hi, yes i think you are right as letter has come recently since he started working for them. Middle man has been paid around 40 K though so shouldn't be too upset!

Other company does know, and says my DH should seek to have the money paid. DH has told them about this letter, and they said What's he going to sue you for? (about the letter)

OP posts:
AntiHop · 30/06/2016 15:55

You might have a law centre locally that gives free legal advice.

FlibbertigibbetArmadillo · 30/06/2016 17:00

Start at CAB. I'd send your DH in or call as with backlog it can take a while to get to letters. They can advise on his rights and even help him draft a proper response if needed

Atenco · 30/06/2016 18:13

Not an expert, but assuming that the verbal contract was that your husband did the work, would be paid and not poach the client, I imagine that not paying for the work breached the contract and therefore freed your husband up to poach the client. Though clauses not to poach the client are usually not a matter of a verbal contract.

Original poster
LovelyBath77 · 30/06/2016 18:29

Thanks, yes he didn't start working for them until after the middle man refused to pay the invoice for the work done, despite being paid himself.

What do you think about the NDA (non disclosure agreement)? he signed one but apparently it was for a different project. Would him going to work for the other company go against that? I remember the middle man telling him he was not to go to them and talk to them, you see.

It is all horribly stressful. he is so busy completing the work with the other company he has no time to go to the CAB; he's working all day and some of the evenings as well.

I suppose the middle man might be thinking the company will be asking for the money back. However my husband said when he asked, the manager there said it's a big company with deep pockets and probably wouldn't bother to go after it.

I did wonder about him sharing this letter with the new company, but he thinks it is about him and not to do with them.

Also, there is another project the middle man has been asked to work on for the company. However, basically they can't do it with the other staff they have. It is in a mess. The other company is talking about starting this project again, with my husband. the middle man has taken on people who don't know what they are doing. But that is their own fault I guess.

OP posts:
Swipe left for the next trending thread