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No signed timesheet - no actual contract!

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    #11
    Not forgetting, in Small Claims Court an actual amount obviously needs to be entered - he mentioned they owe him about 5k for that time (so presumably I could extrapolate a near-as-dammit rate, lop off 10% if he himself doesn't remember (yeah, that COULD be the case here!!!) and bill the intermediary for that.

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      #12
      Originally posted by JCinCUK View Post
      Not forgetting, in Small Claims Court an actual amount obviously needs to be entered - he mentioned they owe him about 5k for that time (so presumably I could extrapolate a near-as-dammit rate, lop off 10% if he himself doesn't remember (yeah, that COULD be the case here!!!) and bill the intermediary for that.
      Where does that 5k come from... With no rate anywhere there is nothing to base that random figure on...

      There is no contract
      No timesheet
      and no ratecard

      Also he's left it too long so as BP states tell him to forget it and move on...
      merely at clientco for the entertainment

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        #13
        Originally posted by eek View Post
        Where does that 5k come from... With no rate anywhere there is nothing to base that random figure on...

        There is no contract
        No timesheet
        and no ratecard

        Also he's left it too long so as BP states tell him to forget it and move on...
        For the sake of the child if nothing else.

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          #14
          Originally posted by eek View Post
          Where does that 5k come from... With no rate anywhere there is nothing to base that random figure on...
          A rate from similar work perhaps.


          Originally posted by eek View Post
          Also he's left it too long so as BP states tell him to forget it and move on...
          He's got a few years. For most claims you have 6.

          Though his lack of evidence makes it hard to pursue any form of claim.

          In fact the entire situation is completely odd - if he can't sort out a contract properly going to court it would probably cost him more money then what he could win back as parties are suppose to try and settle the issue before going to court.
          "You’re just a bad memory who doesn’t know when to go away" JR

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            #15
            Originally posted by jmo21 View Post
            email chain in Jan, sent invoice in Sept/Oct - when was the work done?

            No mention of rate in the email chain? What did your friend say about that when you asked him?
            Work was done over Jan/Feb. Wasn't an invoice he sent, just a 'Activity Report' detailing what he did and how many hours he was there. Seems to me step one is to Invoice, and wait.

            How do people get themselves into these situations?!
            Sh1t happens mate. I only found out about this whole mess last night. I helped him set up his Ltd a couple of years back, and put him into a good Accountant. He's been having a bucket load of personal issues the last 12 months. "Good hearted risk-taker" sums him up nicely

            I know Factoring has its supporters and detractors, personally I don't use them but I don't just work for anyone, but now I'm wishing I'd told him to appoint one, he'd have lost 3.5% of the previous billing but at least those 3 weeks would have been largely paid.

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              #16
              And as its a contract, a contractor is assumed to have taken legal advice.

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                #17
                Originally posted by JCinCUK View Post
                Work was done over Jan/Feb. Wasn't an invoice he sent, just a 'Activity Report' detailing what he did and how many hours he was there. Seems to me step one is to Invoice, and wait.



                Sh1t happens mate. I only found out about this whole mess last night. I helped him set up his Ltd a couple of years back, and put him into a good Accountant. He's been having a bucket load of personal issues the last 12 months. "Good hearted risk-taker" sums him up nicely

                I know Factoring has its supporters and detractors, personally I don't use them but I don't just work for anyone, but now I'm wishing I'd told him to appoint one, he'd have lost 3.5% of the previous billing but at least those 3 weeks would have been largely paid.
                A shame you did not point him to a good lawyer or to CUK.

                There was no billing for those 3 weeks so they would not have been paid.

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                  #18
                  No contract, no timesheet, no rate evidence.

                  No wonder they don't want to bill the end client for 3 weeks for a contractor that, presumably, got sacked after 3 weeks, 7 months later.

                  When did the agent ask him to send in the "activity report"? in Feb, or after he got in touch in Sept?

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                    #19
                    Originally posted by Lance View Post
                    Write a letter.
                    Write a sterner letter.
                    Raise a case with the small claims court.

                    To be honest I don’t think he’s got a cats chance in hell without some written agreement. Is there anything? An email agreeing a rate or similar.

                    The threat of court may loosen up some money as it could potentially cost them more to defend than cough up.
                    Has he raised an invoice? That is the first thing.

                    If there is an email agreeing a rate, then surely this is not too difficult to win in court. What did the client think he was doing on site? Volunteering? Didn't they notice him going through security?

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                      #20
                      Good hearted risk taker? Is this an example of that? I can think of a raft of words to use instead I am afraid.
                      'CUK forum personality of 2011 - Winner - Yes really!!!!

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