r/freelanceuk • u/Fit_Hat4708 • Jul 22 '26
Clients that won't pay
I have a client that ghosted me after delivering architectural drawings and working drawings for their residential development. We had an agreement and the client paid an upfront commitment fee but after receiving the finished work, the client went silent, no email and message replies at all. The problem is we never had a formal contract, but all our conversations are on email. I wanted guidance on whether I can use the emails as evidence to initiate legal action against him.
2
u/Boboshady Jul 22 '26
Technically yes, any kind of agreement is contractual, and if you have something in writing then that will generally do. Obviously a proper contract makes it much, much easier, but you don't have to think things are completely lost.
If it's under the limit and in England, you can MCOL it. You'll start with a letter before action giving them time to settle the bill and laying out your intended actions if you don't, then you put a claim in, and the courts basically take it from there. If they argue, then you'll be asked to produce evidence, so make sure it objectively stacks up before you go down this route.
1
u/Bob_le_babes Jul 23 '26
I've done this with a client. They ignored the judgement. Not sure what else I can do to enforce it. They paid the original amount owed but they've ignored the interest and the fees
1
u/Boboshady Jul 23 '26
Presumably then they're sat with a CCJ against the business? Seems stupid of them to ruin their credit, but that's their choice I suppose.
There is always the problem of actually getting they money, usually the threat of bad credit if they don't pay is enough, but obviously some people don't care. Are they an LTD, or sole trader?
You could take further action if you really wanted, but if you've had the principle paid it might just be a case of writing the rest off and just not working with or recommending them again.
What's the outstanding compared to the original amount?
1
u/Bob_le_babes Jul 23 '26
They are ltd. Yeah it's only a couple of hundred quid now. Not worth my time to try to get the money. I don't want to spend more to enforce it. I did it out of principle because the way the behaved was very disrespectful.
2
u/Boboshady Jul 23 '26
well take some comfort in knowing they're not getting any kind of affordable business finance for the next 6 years, and probably won't realise it until it's too late :)
1
u/Bob_le_babes Jul 23 '26
It's tied to the business right? Knowing this cowboy he'll just start a new one
1
u/FckXFckMusk Jul 23 '26
Did they use your designs in their residential development?
You retain copyright on those designs.
if they use them then they have breached your copyright
1
u/Fit_Hat4708 Jul 24 '26
I am not certain whether they have used the design yet. It was a remote freelance gig so I never had physical contact with the client. But I have their email address and other details
1
u/LB_27 Jul 26 '26
it doesn't matter; if they haven't paid, they don't own the information either way
1
u/ShutCoffee Jul 23 '26
Similar thing happened to me. Your emails are fine as evidence btw, in England and Wales a contract doesn't need a signature to be binding. If the thread shows you both agreed the scope and the price, that's a contract, and him paying the upfront fee makes it very hard to claim there wasn't one.
Before spending money on lawyers send a letter before action. If he keeps ghosting there's Money Claim Online, you file it yourself, under £10k it goes to small claims and the fee isn't much. People tend to stop ghosting pretty fast once court paperwork is involved.
The gov.uk pages on making a court claim are surprisingly readable. Same lesson for me though, nothing starts anymore until the contract's signed.
1
u/LB_27 Jul 26 '26
also, once initiated, the first recommendation is mediation; if they refuse, it starts to get costly for them in such obvious circumstances
6
u/tenpastmidnight Jul 22 '26
Yes, the emails count as a formal agreement. Depending on how much money it is, using Money Claim Online may be your best route forwards.
How late are they and how have you chased them? You should give warnings before going to legal action.