Chasing a debt

[SodaPop]

But considering the OP has no balls that will be the most likely way they will see any money.

You can take a company to court but there are easy ways they can avoid paying you what they owe even if you win.

Without confirming or denying the absence of the aforementioned objects, I do take your point about not having confronted the owner.

However, as you say, there are ways to avoid paying and, frankly, I don't think that this guys is above any tactic, if I manage to annoy him.

So, my concern is that I push, but perhaps that I don't push too much until I am completely out of options.

However, I do think that I am getting close to that point.

If he comes back to me with a payment schedule that involves me getting some money soon, and then all of it reasonably soon, then that would be best I think.

Once I start to go the legal route (which I think I am close to), I think he will do everything he can to avoid paying or paying as late as he can.

[DaveB]

Without confirming or denying the absence of the aforementioned objects, I do take your point about not having confronted the owner.

However, as you say, there are ways to avoid paying and, frankly, I don't think that this guys is above any tactic, if I manage to annoy him.

So, my concern is that I push, but perhaps that I don't push too much until I am completely out of options.

However, I do think that I am getting close to that point.

If he comes back to me with a payment schedule that involves me getting some money soon, and then all of it reasonably soon, then that would be best I think.

Once I start to go the legal route (which I think I am close to), I think he will do everything he can to avoid paying or paying as late as he can.

he's already doing everything he can to avoid paying you and has been for months.

The point about the legal option is that if you can prove he owes the money then he has no option. You can apply for his company to be wound up for non payment of debts, and that will happen if he doesn't sort it. Once you have a court decision in your favor you can hand it over to a collections agency who will be a lot less polite about obtaining the money and will go after him personally if they have to.

Since you've given him another chance to ignore you, use the time to get some proper advice, draw up a letter before action including the claim for interest you are legally entitled to and be prepared to send it the day the deadline you gave him expires.

[SueEllen]

If he comes back to me with a payment schedule that involves me getting some money soon, and then all of it reasonably soon, then that would be best I think.

Once I start to go the legal route (which I think I am close to), I think he will do everything he can to avoid paying or paying as late as he can.

Even with a payment schedule you still may have to go to court to get him to stick to it if he defaults.

I suggest if you want to go down that route you get proper legal advice so you can take him to court and get the schedule enforced if he then defaults on one payment.

Personally I would ensure he pays it all in one go as it doesn't look like you would want him as a repeat client plus he could also wind the UK company up leaving you with nothing.

[mavster07]

Firstly, you signing the contract and then sending it back to them would make little difference legally.

Once you commence the work and start invoicing them - (I assume you did so and also backed this up with timesheets or some other record demonstrating you attended site or performed the work - even emails will help) - then you basically have a contract. This is because they, the client, will have affirmed acceptance of the contract by way of conduct (i.e. they didn't repudiate the contract).

What you should do is send them a letter of demand advising them of this, of your requirement to be paid within, say, 30 days, and then advising you will treat the matter as a bad debt and take them to court, with a view to winding their company up if necessary. You can also advise them that by not paying, they are in breach of the contract and that you can thereby pursue them for damages consequent to that breach.

Just don't hold back. Like someone else said, they are laughing at you and to let it get 40k overdue is a massive mistake that you now need to rectify.

[Wanderer]

Firstly, you signing the contract and then sending it back to them would make little difference legally.

Once you commence the work and start invoicing them - (I assume you did so and also backed this up with timesheets or some other record demonstrating you attended site or performed the work - even emails will help) - then you basically have a contract. This is because they, the client, will have affirmed acceptance of the contract by way of conduct (i.e. they didn't repudiate the contract).

That's my understanding too. Agencies try the stupid trick of sending you an unsigned contract which you sign and return to them and they then never sign and never return to you. I just keep a copy of the contract I signed and once I start work it's basically accepted as far as I understand.

Also the implied payment terms are 30 days unless otherwise stated so don't let them to bulltulip you that they are 60 or 90 days or some such.

[SodaPop]

What you should do is send them a letter of demand advising them of this, of your requirement to be paid within, say, 30 days, and then advising you will treat the matter as a bad debt and take them to court, with a view to winding their company up if necessary. You can also advise them that by not paying, they are in breach of the contract and that you can thereby pursue them for damages consequent to that breach.

Thanks again to everyone for your advice so far.

I did wonder whether any action could result in a winding up order.

One thing I would appreciate opinions on is how long all of this might take.

If I did engage some professionals to do this, starting tomorrow, am I right to expect that (if the guy who owes be doesn't cave in) that the whole process will likely take many, many months?

If, in the extreme, it came to a winding up order, how long could it be before the company is wound up? (I would imagine a very long time)

I do strongly feel that he might close the UK company down, but on the other hand, I do think that might cause him some problems, not least of all with reputation, which could be sufficient for him to think that just paying up could be better.