Business owes me £3K - ignoring me! Help! - ** RESOLVED **

[99point99]

THE STORY

I worked for a design agency on-site for 2 months Jan-March on an initial contract bases with promises of a perm role after a month or 2.

The first month I got paid after 8 weeks (they didn't raise any questions over payment after my first month and ignored my first 2 invoices until I sent a signed for invoice in the post after week 6 - then it was toward the end of week 8 that I actually got paid for my first month. From that point onwards I realised I would only get results if I sent everything 'signed for' royal mail (1st class) - and this ****ed off the director.

He told me 'why do you need to send this in signed for mail when you could have just handed it to me'.

So alarm bells were ringing I can assure you and I knew getting money out of these creeps would be like getting blood out of a stone.

 

Anyway, after exactly 2 months and 1 day on March 11 they terminated my contract with no notice. I had already submitted my 2nd invoice for month 2 which ended 8 March and a 3rd invoice for the outstanding single day on March 11 was sent a few days later.

 

They have not paid my 2nd and 3rd invoice. I sent a reminder letter dated 8 April for both invoices and a message that if the invoices had not been paid by 19 April I would seek further action.

 

On the 10th of April I filled out a 'Statutory Order' demanding payment or a petition will be made to county court for a winding up order.

 

The company are an LTD business with £180K in debt but with £130K in reserve cash with fairly decent finances I think.

 

FURTHER ACTION

I am indecisive about what the best course to get what is owed swiftly and efficiently.

Maybe they don't have the money to pay me? They haven't at all been in touch since I left or responded to either of the initial invoices, the reminder or the statutory demand.

 

Should I file a separate moneyclaim for each invoice after my 19 April warning has passed? for £2730 and £140 respectively and can I do this? Can I also add compensation as they really are messing me about and it's costing me time and money to reshuffle finances as I am just a contractor after all.

 

Secondly about the statutory order - should i just ditch the moneyclaim and go full force on the statutory order?

 

HELP - WHO HAS DONE THIS BEFORE?!!

[Desperate Daniella]

Hi,

 

I would write them a Letter Before Action and give them 14 days to pay you before you issue proceedings in your local county court.

 

You don't want to wind them up because their liabilities are more than their assets so they could close down and you wouldn't get anything.

 

As you have given them until the 19th April, you'll have to wait until then before sending the LBA.

 

If they don't respond to that then issue proceedings, and you can put both invoices on the same claim. I suppose you could add an extra day for the trouble they have caused and if you have any proved expenses you can add those too. They also will have to reimburse you for the cost of the claim.

 

Obviously if you have referred to taking them to the Small Claims Court specifically in the letter you sent you don't have to do that again.

[tiafilson]

I would threaten legal proceedings myself, Ive had problems like this before. If that doesn't shove them into action then you know what to do next. If your not ruthless sometimes these things can get out of order. Poeple need to get there priories sorted.

[99point99]

Ok so is it better to do a moneyclaim or actually file a claim at the county court?

They are based in Surrey and I live in Wimbledon - do I do my local court?

 

You don't want to wind them up because their liabilities are more than their assets so they could close down and you wouldn't get anything.

 

Sorry I failed to mention that they have a good £190K owed by debtors, £200K plus in assets, £130K in reserve cash with £180K owed to creditors (like me I guess) surely they can cover a measly £3k if I wind them up?

 

Isn't it quicker and easier and more of a sure bet to get the money owed doing it this way than a protracted small claims process because they would be worried about going out of business? I am so not keen on having these guys drag their heels through the small claims and then maybe not even honour the CCJ - they are meant to be moving premises at the end of this month too.

 

What about a CPA? Can I get someone else to go and run around after the £3K Im owed?

 

Thanks in advance

[Desperate Daniella]

If you are confident about filling in the Money Claim online you can certainly do that.

 

I personally would issue proceedings in the County Court. It's not too protracted. They have to reply saying whether or not they are Defending within 14 days, or they have to settle with you within that time. If they do not reply you get a Default Judgment against them. If they say they are going to defend they get a further 14 days to do that. Again if they don't you get a Default Judgment. I can't see from what you have said that they have any Defence.

 

You can find the Court by googling 'Town name nearest court'.

 

I suppose you could sell your debt on to CPA but people who buy debts don't tend to pay much for them, and doing it yourself won't cost you anything.

 

You have told them in writing that they have until the 19th so let's hope your letter will have the desired effect and you'll get your money next week.

[Desperate Daniella]

If you get a judgment and they don't pay you can ask the Court to advise you on sending in the bailiffs.

[Desperate Daniella]

It's just occurred to me - you said you ****ed off the MD. I think they may well pay you at the last possible moment. They've had your letter. They owe you the money and I don't really think they have a leg to stand on. You've given them until the 19th so if they haven't actually got a cashflow problem and can pay you they probably will as they won't want the aggravation.

[99point99]

Ok - so I will wait until 19 April - then send a letter before action giving them 2 weeks to arrange final payment before submitting a claim through the county court.

 

Just got off the phone with a debt collection agency CPA and they reckon my claim is slightly handicapped because no contract was signed initially and payment terms were not on the invoices (ie. they were not bound to make a payment within any set timescales).

He said that the debtor could claim that no set period was agreed and that they may say 90 days is sufficient payment terms for them.

 

However he did say that it would be in my best interest to present to small claims anyway. The fact that they have ignored my invoices so far and even so far as ignoring a reminder should hopefully indicate that they have no intention of paying their debt. But then they could show up at court and say no payment terms were agreed and then it's gonna be up to a judge to decide who is in the right. Hopefully I can claim that I am a small contractor and need the money more than a large business and was paid my original invoice within a month and assumed payment terms were in place at that point.

[Desperate Daniella]

Hi,

 

They paid your invoice and therefore were accepting the rates you charged. Unless they negotiated anything to the contrary (which clearly they didn't) they have accepted your terms.

 

Most people give 28 days, but some pay at the end of the month following the month in which they received the invoice. I think that is what they would claim here because they didn't pay the first one for eight weeks, but that is no excuse for not replying to your letter and informing you of their payment terms if this is the case.

 

DD

[99point99]

Alright stress is over folks - they finally paid !!!

 

What a relief - think I am going to have a stiff drink now. Thanks for your advice peeps - it will come in handy next time this happens, at least I have learned a few valuable lessons. A: ALWAYS specify terms in an invoice. B: ALWAYS have a signed contract BEFORE starting a job.

 

It seriously sucks being owed money.

[honeybee13]

Hello there. I'm pleased this is resolved for you, must be one of the fastest results we've had.

 

I'll amend your thread title.

 

HB

[Desperate Daniella]

That is brilliant. You must be so relieved.

 

I'm so pleased this was settled and you didn't have to take any further action.

 

DD