Unpaid since August, freelancer asks if he may approach client's customers

Overdue Payment of Invoice for services carried out in August 2003

After a rather bizarre phone call from a client one evening back in August in which he threatened that I wouldn't be working for him for a couple of months and then proceeded to slam the phone down on me, and then an even more bizarre e-mail claiming that I hadn't carried out work and that the work I had carried out had been sloppy (which is untrue as I have many e-mails from this same client saying things like 'excellent job', 'good work', etc). He specifically mentioned one job which he claimed I hadn't done but which I had and have evidence of doing it.

In short, I decided to send a letter to the client 'terminating' our business relationship. This was on August 20, 2003.

On September 17th I sent my last invoice covering the work I did for the client from August 1 to August 20. I sent the invoice by next day recorded delivery and the invoice stated that it should be paid within 14 days of its receipt.

It's now November 27 and still I haven't been paid. He sent me a fax about 4 weeks ago saying he was changing banks and would I be patient. I waited 3 weeks then sent an e-mail saying that this would be the last communication with him, he'd had two if not more reminders and that if I didn't receive the payment by November 28 I would have to take legal action in the form of the small claims court. I also said in the e-mail that I would have to contact some of his clients to get written statements confirming that I had carried out work on his behalf during the invoice period.

He has now sent an e-mail saying "Please don't try to use blackmail against me or anyone else, you could end up in a lot of trouble." And saying that they now have the money in the new bank account and have received their cheque book and they are about to send the cheque.

This client has promised previously to pay the invoice but I have not received the payment.

My question is: If I don't receive the cheque by November 28, is there any legal reason why I cannot contact those people who can prove I carried out work for him during the invoice period, even though some of those people were/are his clients and suppliers.

I hope you can answer this question quickly as I would prefer to get the ball rolling on Monday, December 1.

Thanking you in advance.

T. Shorrock

Freelancealot