Can I claim payment from a customer for goods and services provided without a written contract?

Can I claim payment from a customer for goods and services provided without a written contract?

Yes. In England and Wales, a contract does not have to be in writing to be legally binding. If you supplied goods or services and the customer refuses to pay, you can usually still claim, the challenge is proving the deal, not the lack of a signed document. Here is how oral contracts work and how to recover what you are owed.

Oral contracts are binding

Most everyday contracts are made by word of mouth or by conduct, and the law enforces them just as it does written ones. To have an enforceable contract you generally need four things:

  • Offer, you offered to supply the goods or services;
  • Acceptance, the customer accepted;
  • Consideration, each side gives something of value (your work in return for their promise to pay); and
  • Intention to create legal relations, you both intended it to be legally binding (presumed in business dealings).

If those are present, the absence of a signed contract does not let the customer off the hook.

The real issue: evidence

Without a written contract, disputes turn on evidence. Helpful evidence includes:

  • quotes, invoices and statements;
  • emails, texts and messages discussing the work and price;
  • delivery notes, job sheets, photographs and timesheets;
  • part-payment already made (a strong sign a contract existed); and
  • the parties' conduct and any course of past dealing.

The clearer your paper trail, the easier it is to prove the terms, especially the price.

When something must be in writing

A few contracts are exceptions. Guarantees generally must be evidenced in writing and signed to be enforceable. A contract for the sale or other disposition of an interest in land must satisfy section 2 of the Law of Property (Miscellaneous Provisions) Act 1989: all the expressly agreed terms must be in a single signed document (or in exchanged documents) signed by or on behalf of each party. For ordinary supplies of goods and services, though, an oral agreement is fine.

If there was no clear price

Where you agreed to do the work but never fixed a price, you are not left empty-handed. The law can imply a term that the customer pays a reasonable charge: for consumer service contracts this is governed by the Consumer Rights Act 2015, and for many business-to-business service contracts the Supply of Goods and Services Act 1982 still applies. Where there is no contract at all, you may still claim a reasonable sum for the benefit conferred (a quantum meruit / unjust enrichment claim).

How to recover the money

  1. Send a clear invoice and reminders.
  2. Send a formal letter before action setting out what is owed and giving a deadline.
  3. If still unpaid, claim through the county court, the small claims track handles most lower-value claims (currently up to £10,000) without the need for a solicitor.
  4. Keep within the limitation period, generally six years for a simple contract.

Key takeaways

  • Oral contracts are binding, you can claim without a signed document.
  • Disputes turn on evidence: invoices, messages, delivery notes, part-payment and conduct.
  • A few contracts (land, guarantees) must be in writing; ordinary supplies need not be.
  • No agreed price? You may still claim a reasonable charge. Use a letter before action, then the small claims court, within six years.

Sources

  • Common law of contract (offer, acceptance, consideration, intention)
  • Supply of Goods and Services Act 1982 (reasonable charge in B2B service contracts); Consumer Rights Act 2015 (consumer service contracts)
  • Limitation Act 1980 (six-year limit for simple contracts); county court / small claims procedure

--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.

Back to the blog