Threatening letter.

[LovelyBath77]

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.

Few CABs will help with a business dispute. If he's a member of a trade or professional body such as FSB, they often have legal helplines, otherwise it's a matter of consulting a solicitor.

OK thanks. I will tell him, as I think he is in one of these. Many thanks

Oh no! Never do any work for someone without a contract being drawn up and signed first. Sadly some businesses are all about getting what they can from anyone, and don't care if you're a hard working person with little money.

So sorry you are in this situation, it might be worth calling CAB they may be able to refer you to someone. But yes as above poster says, speak with a solicitor. I wouldn't let your husband respond to the email until you have spoken with someone else and received some advice first. Good luck!

Thank you so much, yes it will be a lesson to us. You see, he usually works direct for companies and puts in an invoice, so it's how he is used to working. I think this company is taking advantage to be honest. How dare they threaten him when they have been paid for the work he did? It's wrong, and the other company manager and I think he should try and claim the money back. But as you say, without a contact and him being a sole trader, that might not be easy.

He is really busy now working for the other company (who do seem decent) so I have written a letter to the CAB asking what the situation is, and if they can recommend someone to help.

If there was no contract then they cant demand he finish the work, as there is nothing in writing, works both ways. I think it is a lesson learnt. Glad he has now found a decent company to work for, Ps. Why write to the cab, quicker to ring, or see if you can get hold of a small business advisor via the job centre.

Whatever you do don't let him hand over any designs they haven't paid for, I would also just check with their accounts department, as they might of messed up payment

Thanks for your replies, all helpful.

A contract exists - but best to be in writing - there must have been a fee agreed? If this has not been paid then legal action can be taken by your DH (but understand if you don't want to!). You can send a letter (mark it 'without prejudice save as to costs' and set out work done (as agreed) but having taken advice nothing further will be done / plans handed over until agreed consideration of XXXX£ received - i can't see that they can successfully sue you unless they agree they need to pay up! Hope all goes well - and when future contracts come your way even a txt / email setting out what is agreed will basically amount to a written contact