client refusing to pay...project 90% finished

[jonson]

No contract, just E-mail agreement. I have records of all the email conversations which are quite lengthy...but basically client asks my day rate...I say XXX per day...that is it, she says she wants me for an 8 day booking.

No project milestones are discussed, just day rate...

First 3 days is concepts for an animation, 2D flat image stuff...These concepts are taken to a meeting and presented to the client's clients...they love it

Day 4 Monday I begin to create the animation...The deadline is Friday and it needs to be finished by then...2 other people work with me on it, one of them very incompetent and I constantly have to carry him and correct his work

I work hard and it is 90% done but still not there...so on Friday I agree to Saturday also...I let them know I am working the following Monday for another client, so can't do Sunday too (need a damn rest)

Come end of Saturday, still not done, due to their client changing their minds etc, wanting new things last minute...on 7pm Sat I am done, and tell them James can finish it tomorrow (only needs a few tweaks and it is good to go)

I invoice them the following Monday, no reply...I email their business address...no reply...I phone up to check she is there, a coworker says she is...ok so not on holiday

30 days pass...no payment...I phone up and ask about the money...suddenly I am informed that they won't pay me because it was not finished...(expecting me to work a 7 day week, knowing I had a work week the following week too)

Even using this logic, the concepts were done and used, so 3 days should be due...but no, they won't pay nothing...The amount is large so please no "learn a lesson and move on" horsecrap...I need real help

Surely only a day rate was agreed, and that should be that? if there were milestones, should they not have been discussed in a contract before booking me? it seems they are just adding clauses after the job is done....I charge for my time, that is it...you pay regardless

And isn't forcing someone to work 60 hours illegal? in 1 week? these are the hours I would have to do to finish by myself

anyway the animation was finished, and now I am looking for evidence that it was used, I'm pretty sure it was...

[jonson]

Only if you are a permie... which you are not. No one forced you to work the hours. They put pressure on and you agreed.

I worked them for extra money, they agreed to a day and a half rate....what about the money side? do I have legal standing with just emails?

[MarillionFan]

If they've used it and not paid for it, then you own it.

I would now follow up with another invoice, late fees and a you have 14 days otherwise I will be passing on to a debt company/taking you to court letter

[northernladuk]

And isn't forcing someone to work 60 hours illegal? in 1 week? these are the hours I would have to do to finish by myself

Only if you are a permie... which you are not. No one forced you to work the hours. They put pressure on and you agreed.

Have a look at this search and see if any of these help. I believe we have had someone else ask about a wooly agreement and no deliverables in the past.

not paying site:forums.contractoruk.com/business-contracts - Google Search

[SimonMac]

Ignore the 60 hours week issue, you can opt out of the maximum working week regulations, my advice would be a solicitor, all the advice you will get on here can at be best only be hearsay.

And I think no matter what happens its going to be an expensive lesson learned.

[northernladuk]

Maybe a slightly better search here

"not paying" site:forums.contractoruk.com/business-contracts - Google Search

You get the idea.

[MyUserName]

Surely only a day rate was agreed, and that should be that? if there were milestones, should they not have been discussed in a contract before booking me? it seems they are just adding clauses after the job is done....I charge for my time, that is it...you pay regardless

Yes, I believe so. Can you prove that you worked those days?

And isn't forcing someone to work 60 hours illegal? in 1 week? these are the hours I would have to do to finish by myself

Yes but that did not happen here.

anyway the animation was finished, and now I am looking for evidence that it was used, I'm pretty sure it was...

Irrevelvant if they were paying by the day.

Have you informed them that you will be taking legal action unless they pay the invoice?

[jonson]

Ignore the 60 hours week issue, you can opt out of the maximum working week regulations, my advice would be a solicitor, all the advice you will get on here can at be best only be hearsay.

And I think no matter what happens its going to be an expensive lesson learned.

but come on, freelancers must have some protection against this stuff? it is incredible they can do that...anyway I just need to know if I can take them to court, on email evidence alone...the emails will really show the true story here, but I need an 'audit trail' to make them passable in court?

and I said no 'lesson learn' this time it is serious, I have rent due, baby food etc etc, I gave them 2 weeks of my time and I am down about £200 in travel and lunch costs

[SueEllen]

jonson did the emails have the full name of the person who you did the work for?

If they didn't then go and see a solicitor.

If they did look at the links NorthernLadUk has pointed you to and follow the examples given.

[SueEllen]

but come on, freelancers must have some protection against this stuff?

There is no legal protection.

Contracts in England (and probably the rest of the UK) are gentlemen's agreements.

So you can have a verbal contract, contract scribed on the back of the envelope or a proper written contract.

The onus is now on you to chase for payment.

If it goes further you need to be able to prove:
1. Prove you had a contract
2. You did the work to meet the contrac t obligations