Non Payment

[BlackIce]

Hi,

I did a small piece of work direct (normally, I would never do this) for a large company just over a year ago. And I've still not received payment to the tune of about £5k.

I had been chasing finance every few days as well as regularly chasing the person who hired me. Whilst I often spoke to finance, my other contact mostly ignored my emails and calls. I escalated it to one of the directors and finally had a call back from my contact to advise there was some re-work did not know what rework was done. I've not heard from them since.

There was their standard supplier contract in place and I had a very, very brief documented remit of what I needed to do. I had no supervision or guidance other than a desktop engineer for the 1st week. I did my best to train him as I went.

To my knowledge everything was completed - at least, as best as it could have been given I had no guidance etc... and very short timescales. But to be honest, 3 weeks wasn't nearly enough time.

I fully documented my work. I also offered (when I was on site) to supply remote support which they accepted but never bothered arranging. They failed to attend 3 requests for a handover meeting. And they failed to advise either way if I was required to stop after my 3rd week despite me trying to find out if I should return the following week or not. Never did they express dis-satisfaction and nor did they give me the option of any remediation.

Given the correct scoping of the requirements, there should have been months of work, not just 3 weeks! As the environment was quite complex.

I've not chased them for months now and basically gave up as to be honest, I didn't know how to go about getting them to pay up.

I've been advised by a colleague go through the small claims court. Does anyone know the timescalesc where I have to bring a case or the actual costs involved?

The company is a service provider to the public sector. And given who they are, this was one reason I'd not pursued it.

Other than my mistake for going direct, can anyone offer any advise?5k isn't a lot to some but 5k in my pocket is better than 5k in theirs.

[MicrosoftBob]

You could start with a statutory demand , you can use a solicitor but if funds are tight there is nothing to stop you doing it yourself

Enforcing it is the hard part, but a bankruptcy petition has been known to work unless they are a dodgy fly by night company

[Danglekt]

Silver lining - There will be an IR35 question your gonna get top marks for!

[SueEllen]

Unless they put it down in writing that your work wasn't good enough when they got the first invoice they don't have a leg to stand on. The tactics employed by the finance dept are common, so in future as soon as an invoice is 30 days overdue, you have done one polite reminder on the phone/ in person then do the rest in writing.

Also if you have written communications e.g. emails that show you tried to do any of what you done above it will help you if you do decide to go to court.

1. Google "Dunning process" and have a read. Also Google the "Payontime" website as amongst other things it helps calculates interest owed for you.

2. Send them a next day delivery letter with an invoice with "Final Demand" on the invoice. Use red for the "Final Demand" The letter should simply tell them the invoice is now x days overdue, to pay up in 14 days otherwise debt recovery action will take place, this action may include court action and they will be liable for any additional costs plus interest. Next day delivery should be used so they cannot deny receiving the letter and to help you count the days.

3. Search on here for Safe Collections who are debt collectors. Often it's better to use debt collectors than small claims.

4. On 15 day if they haven't paid up decide whether to start a small claims action or use debt collectors. Then do it immediately. If you delay and they haven't paid they won't think you are serious and will not pay up until the last possible moment.

There are lots of issues in using small claims such as having to enforce the action if you win. You can win the case but have to send bailiffs in to get the amount owed, interest, court costs and bailiff fees. Court bailiffs may have to be sent multiple times costing you more money which you may not recover. On the other had a debt collector will check they actually have any assets/ money before spending effort collecting the debt. They are also use to chasing people who can pay up and know effective means of encouraging them to pay.

Anyway I've found clients have a tendency to pay up when they have the "final demand" notice.

[SueEllen]

Silver lining - There will be an IR35 question your gonna get top marks for!

There are no such questions around anymore so it makes **** all difference.

[SueEllen]

You could start with a statutory demand , you can use a solicitor but if funds are tight there is nothing to stop you doing it yourself

Enforcing it is the hard part, but a bankruptcy petition has been known to work unless they are a dodgy fly by night company

That's over the top.

Most clients will pay up once they realise you will actually send in debt collectors/ take them to small claims.

Remember if you take a company to small claims and win you are allowed to tell people this company doesn't honour it's debts. Also companies who do proper credit checking will not give this company credit.

[Danglekt]

There are no such questions around anymore so it makes **** all difference.

it was a joke

[MicrosoftBob]

That's over the top.

Most clients will pay up once they realise you will actually send in debt collectors/ take them to small claims.

Remember if you take a company to small claims and win you are allowed to tell people this company doesn't honour it's debts. Also companies who do proper credit checking will not give this company credit.

True but a bankruptcy petition tends to focus their minds, and unless they plan to phoenix their company you will get your money with less faff

[chopper]

I have used a firm of debt collectors called Thomas Higgins in the past - they charge a couple of quid to send a Nastygram out, after which they can initiate the small claims process for you.

If it gets as far as a CCJ, then get it raised to the High Court as a High Court Enforcement Officer has more powers than a Bailiff.