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Small claims court?

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    Small claims court?

    Ok, a company I did some ad-hoc work for is dragging thier feet (over 3 months now).

    In the "contract" which was just a copy of my T&C's payment was set at 14 days. They offered no contract and accepted my T&Cs (which they never actually asked for a copy of, which is nice).

    Today was the last day for them to pay, which they haven't.

    I've basically told them that if the money isnt in the bank by end of play today (they can do an instant transfer and pay for it as far as I am concerned).

    So I full well intend on taking them to the SCC. I'm not going to work for them again as I can't trust them to pay.

    If I take them to the SCC and lose (however unlikley) can they claim costs from me. I mean we are talking about a failry large sum here circa £4k inc VAT which has already been paid (not on cash accounting scheme).

    Or is there a better way.

    #2
    Find a weak point. What do they do ? Do they have a reputation to uphold ? Why are they witholding payment - are you no good ?

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      #3
      Originally posted by The AntiChrist
      Why are they witholding payment - are you no good ?
      They are not witholding payment as much as they are tulip at admin. The first time they paid me (into the company bank account) they had taxed it. Paid that back to them and since them they have fecked up every stage.

      All the work was signed off as completed to requirements so I dont think they have a leg to stand on.

      Worse part is they are still phoning me up asking for me to do a job they have on "urgent". Muppets.

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        #4
        How about agreeing to do the "urgent" job on 2 conditions
        1) Payment of outstanding invoices
        2) payment upfront for the new work

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          #5
          Sounds like you have leverage.

          But I think you can get costs in the small claims court, though I would guess that's included in the same limit as the claim?
          Will work inside IR35. Or for food.

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            #6
            Costs for each side are very limited in small claims court - forget how much - so your risk is limited.

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              #7
              You're getting some crap advice here fomr people who seem to know nothing about the law. Go and talk to a lawyer or easier still just talk to them and sort it out instead of wasting your time scheming to sue them.

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                #8
                Originally posted by yetanotherone
                You're getting some crap advice here fomr people who seem to know nothing about the law. Go and talk to a lawyer or easier still just talk to them and sort it out instead of wasting your time scheming to sue them.
                Well ideally I'd just want the money. Not after compensation. Just want them to sort the admin out and pay the fecking bill.

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                  #9
                  Originally posted by Sockpuppet
                  Well ideally I'd just want the money. Not after compensation. Just want them to sort the admin out and pay the fecking bill.
                  just send the "boys" round.

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                    #10
                    small claims. easy to do they dont have a leg to stand on.

                    I assume your T&C includes interest ?

                    Thats also, I think, a large enough debt to apply for a winding up order - although that will cost you something. Google will find you the details.

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