WWYD?

[suityou01]

Pay me now or I get a 'winding up petition'

They haven't got any money.

HTH BISDI

[TheFaQQer]

They have just phoned me to tell me they haven't paid because they haven't got any money

Leave now.

Tell the client now.

Check that you have PCG+ membership.

[doodab]

OK, I have mentioned it to client and they have suggested going direct for the renewal.

How do I get around the handcuff clause? Is persistent late payment likely to swing things in my favour if it goes to court? I suppose if I have pending legal action then I can drop that in return for a written waiver.

[original PM]

My view would be that as they have breached the contract by not honouring the payment terms then that contract will not stand up as evidence in a court of law....

however if they do pay you then you may have problems.

[Old Greg]

They haven't got any money.

HTH BISDI

It may be worth commissioning a couple of well built Kurdish gents to go round and check if they really don't have any money.

[TheFaQQer]

OK, I have mentioned it to client and they have suggested going direct for the renewal.

How do I get around the handcuff clause? Is persistent late payment likely to swing things in my favour if it goes to court? I suppose if I have pending legal action then I can drop that in return for a written waiver.

It's not as simple as being a breach of contract - it's whether it's a breach of warranty or a breach of conditions, ie. is the clause which is broken so serious to enable you to cancel the whole contract, or is it just one where a financial penalty would be enough?

Personally, if they are going bust then I'd be prepared to chance it

[doodab]

It's not as simple as being a breach of contract - it's whether it's a breach of warranty or a breach of conditions, ie. is the clause which is broken so serious to enable you to cancel the whole contract, or is it just one where a financial penalty would be enough?

Personally, if they are going bust then I'd be prepared to chance it

I don't think they are going bust, just that they habitually pay late.

[Amiga500]

Judges normally find less weight on emails and the other party can deny receiving them. (own experience)
It is best to send a letter recorded delivery and head the letter “Notice Before Action”
Print everything off now and put them in a lever arch file. It saves a lot of bother later.

Maybe in the past but my own recent personal experience would show this to no longer be the case. I was also advised by a barrister and recorder (a part time judge) that emails hold as much weight as a letter. I don't buy the whole not receiving part, obviously you ask for a reply in 14 days which shows they received the email.

Incidentally I have just spent 5 days chasing a special delivery parcel that went missing with no signature so if you think mail is bullet proof you should think again.

[Amiga500]

Employment statutes? WTF!

Late payment of commercial debts act

Interest Calculator - Calculate Late Payment Interest - Pay on Time

followed by moneyclaim

https://www.moneyclaim.gov.uk/web/mcol/welcome

followed by a winding up order if they still won't pay

https://www.gov.uk/wind-up-a-company...money/overview



I've already made it clear to the agency that notice will be given if payment isn't made. I will mention it to the client later today.

I hope you have tens of thousands of pounds to hand to appoint your solicitor(s) and barrister then, good luck. The solution I provided costs nothing and has worked for me personally (I did leave a step out actually: I also sent a letter to the homes of each of the companies directors).

Do let us know what happens.

[doodab]

I hope you have tens of thousands of pounds to hand to appoint your solicitor(s) and barrister then, good luck. The solution I provided costs nothing and has worked for me personally (I did leave a step out actually: I also sent a letter to the homes of each of the companies directors).

Do let us know what happens.

Claiming compensation under late payment legislation costs the time taken to send the letter. Small claims court costs about £80 which gets added to their bill. If they haven't paid at that point debt collectors will collect it for you, costs about 10%, I believe you can recover that cost as well.

Employment statutes don't apply AFAIK, agency worker regulations might, but if they aren't paying the chances are they don't give a tulip.