One for the lawers?
 

OK

A chap I have previously worked for on a freelance basis has let me down, twice now. He is always difficult to get hold of and disorganised. I tend to hear from him last minute but on the whole he pays on time and is a decent enough chap - or so I thought. I shall refer to him as N in future.

The first time was back in Dec, N called me a booked me for a job in Jan, a week before the job I called to get more info, no reply, I called him repeatedly, emailed him even on the day of the job. And then afterwards as my initial annoyance at loosing 3 days/£ 900.00 turned to concern.

I did not hear from N until a week later, in fact I heard from his g/f and apparently N had been in an accident and was in hospital.

I offered my sympathy and said anything I can do to help to let me know. I wrote the money off (as you do in these circumstances)

Anyway N called me in Feb and offered me (pencilled in) three days work in March which I accepted. N also emailed me just to reserve these dates. This is how N usually works and he firms up nearer the dates. I had not heard from him and 7 days before the work was due to start I was offered alternative work for the same dates. Being a decent chap I said I would find out if N’s work was on. I called and left messages on his mobile, home and work no’s and emailed N. I did not get a reply. I left it a day and still no reply. I contacted the other company only to find they had got someone else.

I wrote, called and faxed N to get him to confirm or release the dates, no reply.

This really pi$$ed me off, I had always done a good job, be there on time every time.

I wrote to N and explained the situation over lost work. No reply!

In the end I invoiced N for three lost days explaining that I had not heard from him and also stating that if I did not get payment within 30 days or hear from him I would invoice for the lost work in Feb – This may seem a bit harsh but to be honest who knows if he was involved in an accident, I only have his word and at this point it is not worth a damn.


TBH – If he had called me with a good reason for and an apology then I would more than likely have written it off. N won’t return my calls and we communicate via email. He has not given a reason why and does not consider he has done me wrong or he owes . I feel let down by N!

Is this worth taking to small claims or pursuing, what are my options.

*NOT LEGAL ADVICE, just my 2p's worth*:)
It sounds to me that the agreement was loose enough to negate any claim.
If you have previously done some work, were there any contractual exchanges (terms of business agreed, purchase/sales order generated etc..?).
This may have a bearing on future liabilities.

I think you are not being unreasonable in making a claim, but in light of the mitigating circumstances of N, it would be difficult to enforce.

Seems that some arbitration might be the best route. Speak to the CAB perhaps?

C

Paul, this may seem a little harsh, howver if you view this transaction as if you were selling a car, it may become clearer, ie you did half the process correctly in finding alternative work for the alloted time, then gave N another chance to let you down. IMO you should have given N 24 hours to reply (at the 7 days before time) then took the other contract. Legally you have a phone call and a 'reservation' by e-mail, this may well not constitute a contract (even a verbal one) although if you take proceeding's you could argue that the 'reservation' was not cancelled in time for you to fill the time elsewhere.

On a basic level, do some background work on N to find out if he is still trading/ he used someone else etc...... at least this will either provide you will more ammunition or make it clear the claim is not worth pursuing.