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Timesheets - pre authorised work clawback

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    #31
    Originally posted by NotAllThere View Post
    I suggest you do not discuss anything further regarding the two days with the agency, it will only muddy the waters. If they bring it up, just say "I don't want to discuss it". Then-follow a normal dunning cycle for each outstanding invoice. (You can charge an admin fee per invoice, so don't bundle the debts together if there's more than one invoice).
    • If not paid on the due date, given them another 30 days.
    • If not paid by then, issue a dunning letter, stating their account is 30 days overdue, and giving them a further 30 days to pay. Also notify them that the statutory admin fee and interest is now being added to the amount outstanding. So you should state how much they now owe you.
    • If not paid by then, issue a dunning letter, stating their account is 60 days overdue, the new amount owing, and the amount outstanding. Give them 7 days to pay.
    • If not paid by then issue a final warning. "Your account is now 67 days overdue". State the new amount owing. Explain (in red bold type) if payment is not received within the next 4 days, you will being legal action without further notice.
    • If not by paid by then, start legal action - small claim courts or whatever. All the dunning letters so far issued will demonstrate that you have been reasonable and given them plenty of time to pay.


    You might, if things get to the final stage, consider issuing a statutory notice to pay. That's a nice threatening notice, which if not contested, can lead to a winding up order.

    Don't get emotional about it. Just follow the procedure.
    Excellent advice. Although I would probably:

    - start dunning from the point at which it would normally be paid, i.e. before it is due.
    - from 7 days after due date, and weekly thereafter, issue invoice for interest as per the contract
    - at some point thereafter hand it to a debt agency, whilst you focus on the next contract

    Also concur with the advice not to discuss the 2-days any further.

    The agency will capitulate well before it goes legal.

    Comment


      #32
      Originally posted by NotAllThere View Post
      I suggest you do not discuss anything further regarding the two days with the agency, it will only muddy the waters. If they bring it up, just say "I don't want to discuss it". Then-follow a normal dunning cycle for each outstanding invoice. (You can charge an admin fee per invoice, so don't bundle the debts together if there's more than one invoice).
      • If not paid on the due date, given them another 30 days.
      • If not paid by then, issue a dunning letter, stating their account is 30 days overdue, and giving them a further 30 days to pay. Also notify them that the statutory admin fee and interest is now being added to the amount outstanding. So you should state how much they now owe you.
      • If not paid by then, issue a dunning letter, stating their account is 60 days overdue, the new amount owing, and the amount outstanding. Give them 7 days to pay.
      • If not paid by then issue a final warning. "Your account is now 67 days overdue". State the new amount owing. Explain (in red bold type) if payment is not received within the next 4 days, you will being legal action without further notice.
      • If not by paid by then, start legal action - small claim courts or whatever. All the dunning letters so far issued will demonstrate that you have been reasonable and given them plenty of time to pay.


      You might, if things get to the final stage, consider issuing a statutory notice to pay. That's a nice threatening notice, which if not contested, can lead to a winding up order.

      Don't get emotional about it. Just follow the procedure.
      All good advice, we would shorten the timescales as we don't see why you should allow 60 days of unauthorised credit but that's just us.

      However, we definitely would not recommend you issue a statutory notice to pay (also called a statutory demand) in this instance.

      If the account has a query (as this one appears to) then you run the risk of having your demand contested by the debtor, if that happens your "nice threatening notice" becomes a serious legal headache. The courts take a very dim view of litigants that are seen to abuse the insolvency process and you could well find yourself liable for the other sides costs if the demand is stayed or struck out.
      The only debt collection & credit control company recommended by Contractor UK.

      Read our articles on ContractorUK here and get in touch here.

      Comment


        #33
        Why not, surely they need to see some hard in your position ?

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