Self Employed and outstanding invoices

[MadMat]

I've been working for a local Couriers on a self employed basis for the last 18 months, the agreement was weekly invoices settled in 30 days. payments were always a bit late but I was getting paid on around day 40 on each invoice. The agreement was verbal, I don't have anyhing in writing, but I do have bank statements showing regular BACs payments from them over the last 18 months.

 

About 6 weeks ago the company lost the contract I was working on, and called me to say there was no other work for me at present. So could I please return my fuel card and warehouse key. Which I did.

 

Since then I've had no further payment from them at all, they still owe me 6 weeks money, they do not answer the phone to me, or reply to texts. I've also sent 2 letters ( a friendly reminder, and a stronger final demand) and copies of all 6 outstanding invoices that have been ignored.

 

Is the small claims court my next step? or is there anything else I can try first.

 

TIA

 

Mat

[Guest Old_andrew2018]

if you have sent a Letter Before Action then IMHO you should issue a claim via your local County Court

[MadMat]

I've sent two reminders, but not a formal Letter Before action, so I guess that would be needed before filing the details with Money claim online ??

 

Mat

[Guest Old_andrew2018]

you could claim in your local county court, some posters seem to prefer this

[Russe11]

Don't delay, get court action going asap

[MadMat]

The last letter I sent them doesn't seem to have been delivered - I sent recorded delivery so that I had proof that I had tried to resolve the issue before filing a claim, but the royal mail website shows

 

Track & Trace

Results We have tried to deliver your item from our XXXXXXXXX Delivery Office before 11:41 on 10/11/10 and we have left a while you were out card.

 

 

If I were to hand deliver a LBA, what can I do to prove it was delivered at a later date? or should I simply send first class and get a certificate of posting?

 

Mat

[Russe11]

Hand deliver your next letter before action and get them to sign for it.

 

I think it helps to prove you have sent these letters, but the requirement of the court I belive is that the letters have been sent with a first class stamp on. (can anyone confirm this)

[MadMat]

Righty, Now I'm sure they have had a LBA, How do I go about wording my Particulars of Claim - can I simply write in plain english

 

"I provided driving services to the company on xyz dates at an agreed rate of £xx per day and have not been paid" or does it need to be written in a certain way?

 

And can I claim Late payment charges and interest under the Late Payment of Commercial Debts Act? my research with google seems to indicate I can, but it'd be nice to have confirmation!

 

TIA

 

Mat

[MadMat]

I really could use some help with the claim form, how does this sound for a particulars of claim ?

Should I total up the amount claimed at the bottom ?

The Claimant provided driving services to Dodgy Couriers Ltd between the dates 11/04/09 and 08/10/10. The agreed terms were weekly invoices and payment within 30 days of Dodgy Couriers Ltd receiving an invoice. Six invoices remain unpaid, Totalling £xxxx. Copies of the outstanding invoices are enclosed.

 

The claimant claims interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8.5% from the date each invoice became overdue (day 31) to 30/11/10 in the sum of £xx.xx and continuing at the same rate up to the date of judgement or earlier payment at the daily rate of £xx.xx

 

The claimant claims compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998. Under the table of compensation set out in this provision, £70 is owed.

 

The Claimant also claims all court fees involved with bringing this action

Mat

[littlefatbudha]

Hi there, i would like to use this template, have you used it and did it work ok,thanks

[littlefatbudha]

Anyone !!!!!!!!!!!!!!!!!!!!!

[MadMat]

Feel free to use what I posted above if you think it will help you. I got my Judgement yesterday.

 

Mat