They took it, used it, or had the work done and now they won't pay
Whether it's a caravan sale, a stud fee, a motorcycle, or extra building work you did as a favour that turned sour — you can take someone to the small claims court to get what's owed. It doesn't need a solicitor, and it doesn't need a written contract, though it helps if you have one.
Courts may award simple interest on money you are owed — commonly 8% a year under the County Courts Act 1984, at the court's discretion rather than automatically — usually running from the date the money fell due. Court fees are typically added to a successful claim.
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The sorts of things people tell us about this kind of dispute. 25 cases like it have come to us.
Your legal rights where an invoice has not been paid
Unpaid invoice claims usually turn on whether there was a contract, what was supplied, and when payment became due. In business-to-business cases, specific late-payment rules may also apply.
Case lawContract law — an agreement does not usually need to be writtenOral, email or conduct-based agreements may still create a contract.
Courts may find a binding contract from emails, messages, purchase orders, quotations, invoices, or the parties’ conduct. In an unpaid invoice dispute, the key issues are typically whether the customer requested or accepted the work, goods, or services, and what payment terms were agreed or implied.
ActLate Payment of Commercial Debts (Interest) Act 1998, s.1B2B qualifying debts may carry statutory interest for late payment.
Where both parties were acting in the course of business, the Act may imply a right to simple interest on a qualifying unpaid commercial debt. This typically applies to invoices for goods or services, unless the contract gives a substantial alternative remedy for late payment.
Read it on legislation.gov.uk ↗ActLate Payment of Commercial Debts (Interest) Act 1998, s.5AFixed late-payment compensation may be added to qualifying B2B debts.
For qualifying commercial debts, a supplier may claim a fixed compensation sum depending on the size of the unpaid debt. Courts generally consider whether the Act applies and whether the debt is properly due before allowing such sums.
Read it on legislation.gov.uk ↗ActSupply of Goods and Services Act 1982, s.15If no price was agreed for services, a reasonable charge may be implied.
In many business service contracts, if the price was not fixed, the law may imply a term that the customer pays a reasonable charge. This can matter for freelancers and contractors where the work was requested but the exact fee is disputed.
Read it on legislation.gov.uk ↗ActSale of Goods Act 1979, s.49A seller may sue for the price of goods in certain circumstances.
For business sales of goods, a claim for the price may be available where property in the goods has passed and the buyer wrongfully fails to pay. The court will usually look at delivery, acceptance, title, and the agreed payment terms.
Read it on legislation.gov.uk ↗Case lawContract law — invoices are evidence, not always the contract itselfAn invoice can support a claim, but the underlying agreement matters.
Courts typically treat invoices as evidence of the amount claimed and the payment terms asserted. The claim will usually be stronger where the invoice matches earlier quotes, purchase orders, timesheets, delivery notes, emails, or other records showing the customer accepted the supply.
This is general legal information for England and Wales and is not advice.
What they might say — and where you stand
A verbal agreement, or one made over text or social media messages, can still count as a contract. Courts often look at what was actually said and done — messages, timing, and behaviour around the sale or job — rather than insisting on a signed document.
If there are messages, texts, or even witnesses confirming what was discussed, these can usually be put forward as evidence. The court typically looks at the whole picture, not just one line someone now disputes.
If no concerns were raised at the time of collection or completion, and payment was accepted or the goods taken away without complaint, that timeline can matter. Raising a dispute only after being asked for money doesn't automatically excuse non-payment.
Going quiet isn't a defence. If someone has ignored repeated attempts to contact them, that in itself can support a claim — it shows you tried to resolve things before going to court.
Three steps, no solicitor
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask.
A formal demand
A letter before action with a deadline, setting out what is owed and why. Many disputes end here.
Court claim, prepared
If they will not engage: a small claim drafted, checked and filed. We do the paperwork; the decision is the court’s.
What JustClaim is: we prepare and file the paperwork for your claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed — what you get is the strongest honest version of your case, properly made.
Questions people in this exact spot ask
Can I still make a claim if we never signed anything?
Often, yes. Many disputes we see involve verbal agreements or arrangements made over text or social media, with no formal contract. Courts can still consider these valid agreements if there's evidence of what was agreed, such as messages or a pattern of payments.
They took the item and now say it wasn't what they wanted — can they refuse to pay?
Not automatically. If no complaint was raised at the time of collection or handover, and the item or work was accepted, that can weigh against a dispute raised only after payment is demanded. Each case depends on its own facts though.
What if they're refusing to pay a stud fee or breeding agreement?
These agreements, even informal ones between private individuals, can usually be treated like any other contract for services. What matters is showing what was agreed and that it wasn't paid, typically through messages, texts, or witness accounts.
They're not replying to anything — can I still take them to court?
Yes. Ignoring messages doesn't stop a claim from proceeding. In fact, a documented pattern of ignored contact attempts can support your case by showing you tried to resolve it first.
How much does it cost to start a claim like this?
Court fees for small claims are usually based on the amount you're claiming, and for amounts in the £1,000–£5,000 range they're typically a modest percentage of that. We can talk you through the current fee bands before you commit to anything.
What if I don't have much evidence, just messages and my memory of what happened?
Messages, even informal ones, are often useful evidence. It helps to gather anything you have — texts, screenshots, bank transfers, or notes of conversations — before starting. We can help you work out what's usable.
Ready to stop chasing and start claiming?
Tell us what happened — the sale, the job, the agreement — and we'll help you put together a small claim to recover what you're owed. No solicitor's fees, no jargon, just the paperwork done properly.
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