Getting paid if u have been knocked and r self employed! **WON**

[d1cky]

i am a self employed ceiling fixer and have not been paid for a job i done for a company called EDITED, jus wondered if any body knows how i should go about getting my money off them or can link me to somewhere where i could find out!

 

p.s wots the latest on the bank charges?

[johnnymitch]

Hi dicky,

I would say do the same as you did for the banks..... write to the company that owes you money(recorded delivery) - enclose copy of your invoice for the job - give them 14 days to respond - then if not send a further letter - (LBA-letter before action) and take them to court if necessary.......

 

As for the other on bank charges - the test case has finished but no ruling as yet........don't hold your breath -IMHO they'll fight it if it goes against them

 

Best of luck

[d1cky]

thanx for ur help, is there any forums on here for this sort of stuff tho, jus so i can start a thread and get help and advice when/if needed?

[jowalshy]

You could try this forum.:-

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/

[d1cky]

i am self employed and have not bin paid for a job i did! i am going to take pretty much the same route as when i was claiming for my bank charges, but is there n e specific advice any1 would like to give me for this type of claim?

[johnnymitch]

Thanks jo

 

There you go Dicky -that'll get you on the right track..

[maroondevo52]

Hi, d1cky.

 

I'm also self-employed and was once 'bumped' by a 'smart chap' twice his cheque bounced, he had previously paid me through a lawyer so I planted myself in his office and would'nt budge until they gave me my cash.

Sorry, I know that does'nt help you much, but I think as you say put in a small claim against him, depending on how much cash he's due.

Hopefully, someone more clued up on the subject will help you out.

 

Good luck.

 

 

Regards.

 

Scott.

 

[vanboy]

You'll need to send the person that owes you the money a Letter Before Action (LBA) giving them 7 days to pay the outstanding sum,let them know if its not paid in that time you will start a claim against them in the County Court - also outline to them the xtra costs that will be involved (for them?) i.e County Court fees etc.I've done this a few times over the years and have always won,you may find that the actual threat of County Court may spur them on to send you a cheque,in fact if you download the CCJ papers,fill them in and send a copy to the debtor along with your LBA that may be enough to open their wallet.Good luck!.

[freakyleaky]

How long has it been since you invoiced them Dicky?

[johnnymitch]

Sorry freaky I kind of missed the obvious there - but I got the impression from Dicky theat it was a long-standing debt..........

 

That's why you're a SH with milllions of green spots.........

[WebMaster]

I occasionally (well actually only twice on 10 years) have the same problem. Did you send the client a written invoice? Did it include payment terms? (eg 'Please make payment within 30 days').

 

What is the client saying? Is he stalling/not answering/querying the amount/ simply refusing to pay?

[slick132]

Hi D1cky,

 

I got fed up last year with a Co. that were taking 3 and 4 months to settle invoices, or they just paid me one to get me to do another job.

 

Having sorted Barclays out last July thanks to CAG I had more confidence in such matters.

 

I sent the Co. an adapted Prelim ltr, LBA and then filed at court. They coughed up without defending and I got my court costs + 8% interest.

 

Shout if you need help.

 

Slick

[Weird Al Yankovic]

i am self employed and have not bin paid for a job i did! i am going to take pretty much the same route as when i was claiming for my bank charges, but is there n e specific advice any1 would like to give me for this type of claim?

 

Just send a letter demanding payment in x days or you will sue and they will be liable for costs.

 

Even if the job you did was only by verbal agreement and terms then that is still the contract.

 

I've had loads at CC and won them all with these smart arses.

[d1cky]

well i invoiced them 3 times the 1st one they paid almost all of it the second one i got none and the 3rd i got half, this was all towards the end of last year!

[d1cky]

will get strait on it thanx guys

[freakyleaky]

Well by law they have to pay you within 28 days of the date of the invoice unless you specify any different. Have you sent reminder invoices?

if so then send a LBA. Give them 14 days to pay then start a claim. You can do it on line with MCOL.

[Courierman]

You'll need to send the person that owes you the money a Letter Before Action (LBA) giving them 7 days.....

 

Just out of curiosity, I have a company that owes me money for a job that I did for them, are there any "unwritten rules" or guidelines as to how long I should wait before sending them the LBA.

 

I've already sent them the first invoice (gives a discount for prompt payment) guess they don't want a discount and followed it up with a copy with reminder stamped on it. I haven't added any costs or interest yet BTW.

[Weird Al Yankovic]

Just out of curiosity, I have a company that owes me money for a job that I did for them, are there any "unwritten rules" or guidelines as to how long I should wait before sending them the LBA.

 

I've already sent them the first invoice (gives a discount for prompt payment) guess they don't want a discount and followed it up with a copy with reminder stamped on it. I haven't added any costs or interest yet BTW.

 

It depends what you agreed with that company or what your normal trading terms are.

 

What payment terms did you give to this company?

 

Did you state that you would add on costs/interest for late payments? If you didn't before doing the work then it's highly unlikely you can now add those charges on.

 

But of course you are entitled to be paid for work you have completed.

[becka]

You can definitely add on an interest amount under the Late Payment of Commercial debts Act of 1998. You can claim costs depending on the size of the debt and interest at Base rate plus 4% I believeOnce you receive the payment you can issue an interest only invoice (as far as I'm aware it is non-vatable) and by law they have to pay it more help on this (and other tips for getting paid on time) at Late payment legislation and the BPPG Interest calculator.

[Courierman]

It depends what you agreed with that company or what your normal trading terms are.

 

My normal trading terms depends whether I'm working for a company or a private individual, but both are clearly set out in my terms and conditions.

 

What payment terms did you give to this company?

 

I gave them a discount if paid within 5 working days with 14 days as the length of time to pay, it's clearly stated on the bottom of the invoice. I waited until well after the 14 days before sending the reminder.

 

Did you state that you would add on costs/interest for late payments? If you didn't before doing the work then it's highly unlikely you can now add those charges on.

 

Yes, it's in my standard terms and conditions and printed on all invoices.

 

But of course you are entitled to be paid for work you have completed.

 

It's not a fortune by any means but the company concerned needed the job done "yesterday" and that's the service they got.

 

I'm not sure whether to send them a final demand or just an LBA now

[Weird Al Yankovic]

I'm sorry courierman but I think Becka's reply just after mine is more informative. Try that advice.

 

I wasn't aware of this and no court awarded me this either!

 

Although it appears I would have had to claim it...(!?):o

[slick132]

Hi Courier,

 

As regards your specific query, if you've only so far sent invoice, then reminder or statement, you should send a Prelim letter, LBA 14 days after and then File at court if you have to.

 

Tell them in the PL and LBA what you intend to do if they don't pay by return (eg you'll seek interest, court costs) and use anything from Becka's link.

 

I'd treat it as a seperate matter from your invoice/statements procedure.

 

Good luck.

[d1cky]

i wrote a letter to the company, and have not heard bk from them i gave them 2wks and it has nearly bin 3 wks now! shal i now write to give them 1 more wk and if i hear nothing again file a claim?

[slick132]

Hi Dicky,

 

If you've sent the Prelim with no reply, send your LBA giving them 14 days more. Clearly mark the ltr, LETTER BEFORE ACTION.

 

If no reply after 14 days, File your claim at court on Form N1. Stick to your timescale.

[d1cky]

ok ta, i sent the first letter recorded delivery, is there a need to send this one recorded delivery too?