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Unpaid Invoices - But Rather Complicated

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    Unpaid Invoices - But Rather Complicated

    In 2009 my Agency went into liquidation and I lost some 11 weeks of money (as did several others). The writing was on the wall so I had not submitted invoices for some 6 weeks.

    The agency was finally declared dissolved mid 2013 and so in Sep 2013, I sent my unpaid invoices directly to the client (public sector). At first everything was going remarkably smoothly and they agreed to make payment in a “timely manner”. My invoices were then handed over to procurement and that’s when it all changed.

    The client has now changed their story and despite numerous telephone calls and emails, they simply claim “it’s complicated” and have to legally verify many aspects of my payment request.

    As of last week, they are now suggesting that the liquidators are claiming that the money should be paid to them. They haven’t put any of this in writing and any email response continues to state they are “investigating”.

    I am planning to take legal advice but was wondering if anyone had experienced anything similar to this?

    Several points I’m looking to raise with a legal advisor are:

    1. Once a company has been dissolved, can a creditor continue to collect & distribute any debts?
    2. Would the only possible claim the liquidators could have on my invoices be the commission aspect only?

    It’s very much looking like the client has no intention of paying me unless I take legal action and they may even opt for paying the liquidators instead.
    You ain't seen me, right!

    #2
    Originally posted by dack View Post
    In 2009 my Agency went into liquidation and I lost some 11 weeks of money (as did several others). The writing was on the wall so I had not submitted invoices for some 6 weeks.
    you lost 11 weeks invoiced money AND you did not invoice for 6 weeks work? Not entirely clear here.

    How many weeks worth are you trying to submit to the client?

    You do/did not have a contract with them, so it is highly likely that whoever said "yes, we'll pay you" shouldn't have done so and has had their bottom spanked from their finance team.

    Comment


      #3
      It's not complicated. They should never have said they'd pay you the money as in no way do they owe you the money. They owe the money to the agent (i.e. the liquidators), and as for the money owed to you you need to join the queue of creditors and hope you get something.

      Has the company been dissolved? Because there wouldn't be liquidators if it had.
      Will work inside IR35. Or for food.

      Comment


        #4
        You can only invoice the entity with which your company has a contract. You can try, but you'll be exceedingly lucky to get anything by trying to bypass the agency and getting the money from the client.

        Claim on the PCG+ insurance policy for the debt, or at least some of it, as a starter for £7.5k
        Originally posted by MaryPoppins
        I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

        Comment


          #5
          Its the liquidators

          Originally posted by dack View Post
          In 2009 my Agency went into liquidation and I lost some 11 weeks of money (as did several others). The writing was on the wall so I had not submitted invoices for some 6 weeks.

          The agency was finally declared dissolved mid 2013 and so in Sep 2013, I sent my unpaid invoices directly to the client (public sector). At first everything was going remarkably smoothly and they agreed to make payment in a “timely manner”. My invoices were then handed over to procurement and that’s when it all changed.

          The client has now changed their story and despite numerous telephone calls and emails, they simply claim “it’s complicated” and have to legally verify many aspects of my payment request.

          As of last week, they are now suggesting that the liquidators are claiming that the money should be paid to them. They haven’t put any of this in writing and any email response continues to state they are “investigating”.

          I am planning to take legal advice but was wondering if anyone had experienced anything similar to this?

          Several points I’m looking to raise with a legal advisor are:

          1. Once a company has been dissolved, can a creditor continue to collect & distribute any debts?
          2. Would the only possible claim the liquidators could have on my invoices be the commission aspect only?

          It’s very much looking like the client has no intention of paying me unless I take legal action and they may even opt for paying the liquidators instead.
          Its the liquidators money now they will burn all money on there fees until it runs out, let it go

          Comment


            #6
            Originally posted by jmo21 View Post
            you lost 11 weeks invoiced money AND you did not invoice for 6 weeks work? Not entirely clear here.

            How many weeks worth are you trying to submit to the client?

            You do/did not have a contract with them, so it is highly likely that whoever said "yes, we'll pay you" shouldn't have done so and has had their bottom spanked from their finance team.
            I haven't been paid for 11 weeks of work but for 6 off them I didn't submit timesheets back in 2009. The other 5 were submitted to the agency but I don't know if the client ever paid the agency for them. I submitted all 11 to the client last year (fully explaining the situation) and the client initialy said they'll be paying them all

            Yes, how they initialy thought they would pay and then changed their mind is unbelievable.
            You ain't seen me, right!

            Comment


              #7
              Originally posted by VectraMan View Post
              It's not complicated. They should never have said they'd pay you the money as in no way do they owe you the money. They owe the money to the agent (i.e. the liquidators), and as for the money owed to you you need to join the queue of creditors and hope you get something.

              Has the company been dissolved? Because there wouldn't be liquidators if it had.
              Agency was declared dissolved in Aug 2008. All monies have been distributed to creditors so yes, I'm not sure why the cleint is saying the liquidators are still involved?
              You ain't seen me, right!

              Comment


                #8
                Originally posted by DirtyDog View Post
                You can only invoice the entity with which your company has a contract. You can try, but you'll be exceedingly lucky to get anything by trying to bypass the agency and getting the money from the client.

                Claim on the PCG+ insurance policy for the debt, or at least some of it, as a starter for £7.5k
                Never had PCG+ at the time
                You ain't seen me, right!

                Comment


                  #9
                  Originally posted by tarbera View Post
                  Its the liquidators money now they will burn all money on there fees until it runs out, let it go
                  Agency was declared dissolved in Aug 2008 so in theory the liquidators are done & dusted. The cleint owes somebody 11 weeks of invoices......
                  You ain't seen me, right!

                  Comment


                    #10
                    Your contract was with the agency, along with the financial liability. The Administrator of said agency would have recovered any funds owed by end clients and distributed to creditors accordingly.

                    I'd be amazed if end client paid your claim in full, your only hope is that they will enter in to a retrospective direct contract for the six weeks you did that the agency wouldn't have invoiced for. As an agency we have managed to do this on a few occasions when a consultancy or RPO has gone pop.

                    In short:

                    1) Use agencies who have financial strength
                    2) Timesheet and invoice immediately
                    3) Consider credit insurance
                    https://uk.linkedin.com/in/andyhallett

                    Comment

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