Unpaid Invoice

[BolshieBastard]

Sorry....I did ask the question before, but didnt fully explain, so just started a new thread.

All MY code was produced using MY hardware and Development software. It was tested on my clients site, and deployed by ME to their client. My companies standard terms of engagement (barring a seperate contract) state that all IP is mine until the work is paid for.

Er, but you stated before the client didnt sign a contract!

Sorry, but yet again, this is what happens when people work without a contract. I see lots of posts on here from people saying it hasnt bothered them as the client 'always pays them.' Well yes, until it goes tits up, normally meaning the client has stopped or refused to pay an invoice.

[Wanderer]

You could try this, but it is extremely unlikely to yield any results. Contracts need signatures. Without a signature a contract is worthless.

I don't intend to argue that it's good business practice to work without a signed contract and you clearly have an infinite amount more experience than me at collecting debts but my understanding is that an unsigned contract can still be legally binding depending on the actions of the parties involved.

For example, if you park in a car park and buy a ticket then you are agreeing to be bound by the terms and conditions of the contract even though you have not signed it. Likewise if you buy an item in a shop, a contractual relationship is formed with no signed contract.

Contracts - Overview
RTS Flexible Systems v Muller [2010]


In NetContractor's case there was a contract document, even though it wasn't signed so there may be an argument that the client had accepted it. Even if no contract had existed, you could claim that an implied contract exists through "Course of Dealing"

Regardless of the existence or otherwise of a valid, signed contract, it could be argued that there is an implied contract under common law that could be taken to read that ownership of the goods is not passed to the client until the final payment is made.....

I can see how a debt collectors wouldn't want to get involved in this one for a fixed fee because it's a bit messy and it's probably much easier to take on straight forward cases which are a slam dunk. If I was NetContractor then I'd give it a shot and take them on in small claims court...

[Safe Collections]

I don't intend to argue that it's good business practice to work without a signed contract and you clearly have an infinite amount more experience than me at collecting debts but my understanding is that an unsigned contract can still be legally binding depending on the actions of the parties involved.

That is also our understanding, the trick is successfully arguing the point in court.

For example, if you park in a car park and buy a ticket then you are agreeing to be bound by the terms and conditions of the contract even though you have not signed it. Likewise if you buy an item in a shop, a contractual relationship is formed with no signed contract.

Contracts - Overview
RTS Flexible Systems v Muller [2010]


In NetContractor's case there was a contract document, even though it wasn't signed so there may be an argument that the client had accepted it. Even if no contract had existed, you could claim that an implied contract exists through "Course of Dealing"

Comparing the situation to buying a car park ticket may be a little simplistic but we take your point. However we wouldn't like to argue that point in court and we are far from being laymen (or women).

Regardless of the existence or otherwise of a valid, signed contract, it could be argued that there is an implied contract under common law that could be taken to read that ownership of the goods is not passed to the client until the final payment is made.....

We would argue that in the absence of a signed contract it would be easier for the OP to argue this point, rather than try and convince the court an unsigned contract is actually in force. The work was done and now needs to be paid for, to quote an annoying marketing meerkat, simples.

I can see how a debt collectors wouldn't want to get involved in this one for a fixed fee because it's a bit messy and it's probably much easier to take on straight forward cases which are a slam dunk. If I was NetContractor then I'd give it a shot and take them on in small claims court...

No we would take this on, it is a fairly straight forward claim. As previously stated we are well used to dealing with these types of situations and lets face it, this is unlikely to be the last contractor getting stiffed on a final payment from an agency!

However the fact remains the OP would have been in a far stronger position now had the contract been signed at the start.

If I was NetContractor then I'd give it a shot and take them on in small claims court...

As would we