Unpaid invoice

[TheFaQQer]

I think you are right. In my current contract it is a breach, but that is because it is a specific term of the contract.

Is it a breach of warranty or a breach of condition?

Only one would allow you to repudiate the contract due to breach - the other allows penalties but not termination. Make sure you have it worded correctly before you rush to terminate and then find that you can't.

[Scoobos]

Scoobos are you soft or something?

Yes !

[SueEllen]

Scoobos are you soft or something?

1. Telephone the agent, explain the invoice is overdue and requires immediate payment.

2. Repeat step 1. every day for max N days. (say N= 3 to 5). If they refuse to take your call then goto step 3 immediately.

3. [Optional] Issue invoice for statutory interest (no warning is required, it's statutory!)

4. Issue LBA and proceed with small claims route OR hand the matter to a debt collection agency.

5. Do let the client know you haven't been paid. They can apply pressure on the agent and ultimately can withhold further payments, with a view to you invoicing them directly.

Over the top as in my experience agents pay up within a day after I asked them what's happened, and are they having any issues that I need to inform the client about?

You should let the client know after the first phone call if the agent doesn't come back to you with a date you should be paid by.

That date should be a maximum of 3 working days from when you called them as there is nothing stopping them sending you a cheque in the post. You should call them in the morning.

If the date passes then speak to the client and inform the agency in an email you have done so pointing out what contract clauses they have breached if any.

[cojak]

Google 'Dunning' on this site and others.

SueEllen did a very good explanation of it if I remember.

[northernladuk]

Google 'Dunning' on this site and others.

SueEllen did a very good explanation of it if I remember.

I hope to god it wasn't the Dunning entry in Urban Dictionary that came up in my search

[kingcook]

I hope to god it wasn't the Dunning entry in Urban Dictionary that came up in my search

[MyUserName]

Sent an email today asking whether there was an update from the agency's finance company and, if they could not contact the finance company, whether they wanted me to speak to the client about whether payment had gone out to them at all.

Got a reply stating that the finance company had mistakenly put my company on a monthly pay roll rather than weekly and that this had all been sorted out and any outstanding invoice would be paid at the end of the month and payment would then revert back to weekly.

Okay, looks like I was getting worked up over nothing. Although I am still going to be a little tense until I can see my company's money in it's bank account.

[JamJarST]

Sent an email today asking whether there was an update from the agency's finance company and, if they could not contact the finance company, whether they wanted me to speak to the client about whether payment had gone out to them at all.

Got a reply stating that the finance company had mistakenly put my company on a monthly pay roll rather than weekly and that this had all been sorted out and any outstanding invoice would be paid at the end of the month and payment would then revert back to weekly.

Okay, looks like I was getting worked up over nothing. Although I am still going to be a little tense until I can see my company's money in it's bank account.

Why has this reassured you ??? How do you know they aren't lying to you and that there will be another problem at the end of the month? It sounds like a delaying tactic to me?

[MyUserName]

Why has this reassured you ??? How do you know they aren't lying to you and that there will be another problem at the end of the month? It sounds like a delaying tactic to me?

*sigh* Seriously, running a business takes a mindset change. I am just too nice and trusting in my normal life.

I have asked why they cannot pay me now and apparently the finance company's systems are locked into paying at the end of the month and cannot be changed.

[NotAllThere]

...I have asked why they cannot pay me now and apparently the finance company's systems are locked into paying at the end of the month and cannot be changed.

I write financial software. This is so much horse feathers.

If they wanted to change it, they could. Of course, it might simply be they can't be bothered, and you'll get paid by the end of the month. You've no real alternative to waiting and see. If you don't get paid by that date, start debt recovery in earnest.