You finished the job. They still haven't paid You can take them to court for the rest
Kitchen, dormer window, pool, renovation — whatever the job was, if it's done and they're not paying, that's a debt they owe you. Small claims court exists for exactly this. You don't need a written contract to start a claim — an agreed price, a quote, texts, or even what was actually built and paid for can all help show what was owed.
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.
These are the exact situations other tradespeople have brought to us.
The sorts of things people tell us about this kind of dispute. 6 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 say, and what it usually means
Courts usually still expect payment for work that was substantially completed, even where there's a disagreement about quality. A partial withholding often needs a specific, evidenced reason — vague dissatisfaction isn't usually enough on its own.
This is often just a delay tactic. A claim doesn't stop you agreeing a payment plan later, but it usually puts a firm deadline on the conversation instead of letting it drift.
Going silent doesn't usually make the debt disappear. Courts don't require the other side to respond nicely before a claim can be filed — a paper trail of your attempts to chase is often enough to move forward.
If your work was completed and accepted at the time, bringing in another tradesperson afterwards doesn't usually cancel what's owed for the work you did. It may be relevant if it relates to a genuine defect, but not simply because they've moved on.
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
I never had a written contract, can I still claim?
Often, yes. Courts regularly deal with agreements made by quote, text message, or verbally over the phone. It usually helps to gather whatever you do have — a quote, invoice, WhatsApp messages, photos of the work — to show what was agreed and completed.
They paid half the invoice, can I claim for the rest?
Usually you can claim for the unpaid balance. It helps to be clear in your claim about the total price agreed, what was paid, and what's outstanding, so the amount owed is easy to follow.
What if they say the work was defective?
This is a common response and courts do take quality disputes into account. If the work was genuinely finished to a reasonable standard, evidence like photos, messages, or a professional inspection may help support your side of the story.
How much does it cost to start a claim like this?
Court fees are usually set by the amount you're claiming, and are separate from anything JustClaim charges to prepare your paperwork. We can talk you through the likely fee band for your amount before you commit to anything.
What if they've gone completely silent and won't reply?
Not responding doesn't usually stop a claim moving forward. Courts don't need the other party's cooperation to issue proceedings — a clear record of your invoice and chasing attempts is often what matters most.
Can I include the cost of agreed extra works too?
Often yes, if there's some record the extras were agreed — even a text confirming the extra job or price. It usually helps to separate the original quote and any extras clearly in your claim.
Stop chasing. Start the paperwork.
Tell us what happened and what's owed. We'll help you put together a small claims case that sets out the debt clearly, so it stops being a phone call they can ignore.
Claim what you're owed →