How long should should I wait to take them to to the small claims court and do I have

**Old Greg** · 27 April 2016, 09:55

Originally posted by Isla View Post

The company project manager has signed my timesheets but the director has said he will not pay.
Hi there, thanks for your attention in this matter.
I worked for a large company on a services contract.
The company project manager has signed my timesheets. Iam owed £4.5k.
The company had problems with their end client and as i was unable to proceed with doing the work due to a lack of data therefore i submitted my notice.

The company Director has said i will not be paid anything as i have not produced anything.

I have worked the time trying to help them work through the problems with their end client, and forgone other income making opportunities.

The invoices were due payment on the 18th march and 1st April.

On the 11th April i sent a reminder email. On the 15th April i called the company Commercial manager has said iam owed something but he does not know how much. he asked me to send any evidence of email exchanges regarding activities i have done.

I sent a follow up reminder email after that conversation on the 15th April asking them to pay in full and gave them three days before i would apply interest charges.
I have had no reply's to all my emails, including the one where i gave notice in late march.

How long should should i wait to take them to to the small claims court and do i have a good case to win?

Many thanks
Isla

Background info
I secured a part-time ( initially 16hrs a month) contract i could fulfill remotely with the occassional visit to a office.

I logged all my time in a spread sheet- smallest unit of 10 minutes.

I was working on a 24 month contract where i provided project management services that would eventually result in a document deliverable. However my contract stated services.
--
isla

For clarification, are you working through an agency or other intermediary, or directly with the end client?

**Fred Bloggs** · 27 April 2016, 10:07

There is lots of stuff on the web about late payments. Start charging interest and send a final warning letter, recorded delivery. Then issue a small claims court summons. It will be cheaper for them to settle than pay for a lawyer. You have all your documentation printed out ready as evidence?

**northernladuk** · 27 April 2016, 10:16

Originally posted by Isla View Post

The company Director has said i will not be paid anything as i have not produced anything.

Did you produce anything?

I have worked the time trying to help them work through the problems with their end client, and forgone other income making opportunities.

The invoices were due payment on the 18th march and 1st April.

On the 11th April i sent a reminder email. On the 15th April i called the company Commercial manager has said iam owed something but he does not know how much. he asked me to send any evidence of email exchanges regarding activities i have done.

Do you not have a contract and signed timesheets. Should be pretty straight forward. If the commercial manager doesn't know maybe he's not the right person to be chasing?

I sent a follow up reminder email after that conversation on the 15th April asking them to pay in full and gave them three days before i would apply interest charges.
I have had no reply's to all my emails, including the one where i gave notice in late march.

Make sure you quote the correct legislation about the interest. I've a feeling by not doing it they think you are just pissing in the wind so won't take you seriously. Their standard approach to this would be just to go dark and wait till you give up.... which appears to be the case. A properly worded mail quoting the correct legislation will show them you mean business. Might be a bit late for that now.
https://www.gov.uk/late-commercial-p...t-becomes-late

How long should should i wait to take them to to the small claims court and do i have a good case to win?

What does it say in your contract about payment terms. Have a good case? Not a clue. You've not mentioned anything about the work you were trying to get paid for which is kinda pretty key really. If it was crap then no you probably don't but both parties won't agree on that unless it goes to court I'm sure.

Background info
I secured a part-time ( initially 16hrs a month) contract i could fulfill remotely with the occassional visit to a office.

Did you get your contract checked by a professional and get it signed by both parties. Did it have payment terms and the like in there. Did it have a clear schedule of deliverables?

I logged all my time in a spread sheet- smallest unit of 10 minutes.

10 minutes?? Really? Bit extreme that isn't it? Was that agreed in your contract?

I was working on a 24 month contract where i provided project management services that would eventually result in a document deliverable. However my contract stated services.

Not enough detail. What did the schedule and contract say.

IMO there far too little detail here to give you any solid advice but overall I've a feeling this is an utter car crash and was never going to end well. Get your contractual docs out, read and understand them to see if you have a case and what you are going to argue. See if you can get a free consultation with a solicitor to get a bit of advice or just stick the claim in and get started. Most situations like this comes down to the first one that blinks loses so you've just got to stick it to them... but show then you know what you are doing.

Have a good read of this as well.
http://payontime.co.uk/

**Isla** · 27 April 2016, 10:56

Originally posted by Fred Bloggs View Post

There is lots of stuff on the web about late payments. Start charging interest and send a final warning letter, recorded delivery. Then issue a small claims court summons. It will be cheaper for them to settle than pay for a lawyer. You have all your documentation printed out ready as evidence?

I have emails/contract and time sheets. not printed out just yet but can do that all in one afternoon.
I've emailed the letter giving notice, the first late payment letter and the second late payment letter. No reply to any. Will send the final late payment letter by recorded delivery including all previous letters that i only sent by email. They are a international corporate with a legal department so i do know if they will draw on those people to fight a case..

**Fred Bloggs** · 27 April 2016, 11:06

Originally posted by Isla View Post

I have emails/contract and time sheets. not printed out just yet but can do that all in one afternoon.
I've emailed the letter giving notice, the first late payment letter and the second late payment letter. No reply to any. Will send the final late payment letter by recorded delivery including all previous letters that i only sent by email. They are a international corporate with a legal department so i do know if they will draw on those people to fight a case..

Good, you do not want to lose any electronic documents. Double check you have met ALL your obligations as per any purchase order, contract, emails etc... Make sure your side of the story stacks up and that the document trail reflects that in all aspects. Look carefully at the info on the web and make sure you comply. The client will engage their legal dept, often they then choose to appoint an outside law firm IME. Check to see if you have legal cover on your house insurance to cover this. Mine did and I had a London law firm take up my case FOC for me. You have little to lose IMO.

**Isla** · 27 April 2016, 11:07

Originally posted by northernladuk View Post

Did you produce anything?

Do you not have a contract and signed timesheets. Should be pretty straight forward. If the commercial manager doesn't know maybe he's not the right person to be chasing?

- yes contract signed by me and sent to them by email, they never returned a signed version, but i understand the contract would be deemed enacted as we started work.

Make sure you quote the correct legislation about the interest. I've a feeling by not doing it they think you are just pissing in the wind so won't take you seriously. Their standard approach to this would be just to go dark and wait till you give up.... which appears to be the case. A properly worded mail quoting the correct legislation will show them you mean business. Might be a bit late for that now.
https://www.gov.uk/late-commercial-p...t-becomes-late

- yes i sent a second late payment letter quoting the correct legislation

What does it say in your contract about payment terms. Have a good case? Not a clue. You've not mentioned anything about the work you were trying to get paid for which is kinda pretty key really. If it was crap then no you probably don't but both parties won't agree on that unless it goes to court I'm sure.

-30 days payment its 30 days late.- I was there to provide project planning services, thats whats stated in the contract, there never were any deliverables quoted in the contract. There were issues with formats of data provided and as there were no common standards i was set about agreeing those first, at my suggestion and with there agreement.

Did you get your contract checked by a professional and get it signed by both parties. Did it have payment terms and the like in there. Did it have a clear schedule of deliverables?

- i have a copy, signed by me only, they did not return a copy signed by them also. 30 days payment. No schedule of deliverables, just states services.

10 minutes?? Really? Bit extreme that isn't it? Was that agreed in your contract?

- i did it as the work was very bitty, email here and there, and i was working remotely in my spare time, so i thought it would help me keep track. ive sent it to them, but it was not a requirement.

Not enough detail. What did the schedule and contract say.

- have i provided enough detail above, happy to answer any more questions.

IMO there far too little detail here to give you any solid advice but overall I've a feeling this is an utter car crash and was never going to end well. Get your contractual docs out, read and understand them to see if you have a case and what you are going to argue. See if you can get a free consultation with a solicitor to get a bit of advice or just stick the claim in and get started. Most situations like this comes down to the first one that blinks loses so you've just got to stick it to them... but show then you know what you are doing.

Have a good read of this as well.
The Late Payment of Commercial Debts Regulations 2013 - Pay on Time

Ive inserted comments above.

have put response in quotes

**Isla** · 27 April 2016, 11:20

Originally posted by northernladuk View Post

Did you produce anything?

Do you not have a contract and signed timesheets. Should be pretty straight forward. If the commercial manager doesn't know maybe he's not the right person to be chasing?

Make sure you quote the correct legislation about the interest. I've a feeling by not doing it they think you are just pissing in the wind so won't take you seriously. Their standard approach to this would be just to go dark and wait till you give up.... which appears to be the case. A properly worded mail quoting the correct legislation will show them you mean business. Might be a bit late for that now.
https://www.gov.uk/late-commercial-p...t-becomes-late

What does it say in your contract about payment terms. Have a good case? Not a clue. You've not mentioned anything about the work you were trying to get paid for which is kinda pretty key really. If it was crap then no you probably don't but both parties won't agree on that unless it goes to court I'm sure.

Did you get your contract checked by a professional and get it signed by both parties. Did it have payment terms and the like in there. Did it have a clear schedule of deliverables?

10 minutes?? Really? Bit extreme that isn't it? Was that agreed in your contract?

Not enough detail. What did the schedule and contract say.

IMO there far too little detail here to give you any solid advice but overall I've a feeling this is an utter car crash and was never going to end well. Get your contractual docs out, read and understand them to see if you have a case and what you are going to argue. See if you can get a free consultation with a solicitor to get a bit of advice or just stick the claim in and get started. Most situations like this comes down to the first one that blinks loses so you've just got to stick it to them... but show then you know what you are doing.

Have a good read of this as well.
The Late Payment of Commercial Debts Regulations 2013 - Pay on Time

Originally posted by Fred Bloggs View Post

Good, you do not want to lose any electronic documents. Double check you have met ALL your obligations as per any purchase order, contract, emails etc... Make sure your side of the story stacks up and that the document trail reflects that in all aspects. Look carefully at the info on the web and make sure you comply. The client will engage their legal dept, often they then choose to appoint an outside law firm IME. Check to see if you have legal cover on your house insurance to cover this. Mine did and I had a London law firm take up my case FOC for me. You have little to lose IMO.

Ok will do. I will check for cover, but i doubt it. i was going to go the small claims route. Do you think i will need a lawyer?

**northernladuk** · 27 April 2016, 11:27

Originally posted by Isla View Post

Ok will do. I will check for cover, but i doubt it. i was going to go the small claims route. Do you think i will need a lawyer?

For 4.5k it's going to be a risk getting a lawyer on board. I think the client will be well aware of that so call your bluff on that one. You could try a free consultancy but they are very expensive.

**Isla** · 27 April 2016, 11:46

Originally posted by northernladuk View Post

For 4.5k it's going to be a risk getting a lawyer on board. I think the client will be well aware of that so call your bluff on that one. You could try a free consultancy but they are very expensive.

Maybe i was a bit naive. I thought i would just go to the small claims court and represent myself. The court would decide and that would be that.

How long should should I wait to take them to to the small claims court and do I have