Reply to: Legal advice is needed: I wasn't paid for 3 days of my contract

[Old Greg]

If that's an email it's all you need - if it's not an email just send a note of the conversation as an email and use that as proof. Then pass it to Safe Collections to do the next few stages before finally taking it to the small claims court if they haven't paid by then.

Don't use solicitors as it's going to cost more than it's worth - do it yourself as chances are they will give in before it goes to court even if it gets to the point you have to initiate the court claim.

This. Safe Collections are good.

[eek]

That is the point the agency is not approving my timesheets for the last 3 days, saying that they had to re-work some parts of my delivered design. But even if they had to re-work those parts it would take no longer than 1 hour and not 3 days. And they could have aksed me to do it before I left.

If that's an email it's all you need - if it's not an email just send a note of the conversation as an email and use that as proof. Then pass it to Safe Collections to do the next few stages before finally taking it to the small claims court if they haven't paid by then.

Don't use solicitors as it's going to cost more than it's worth - do it yourself as chances are they will give in before it goes to court even if it gets to the point you have to initiate the court claim.

[Lance]

Yes, they provided an excuse saying that they had to-rework some part of my design. But that part would take no more than an hour to rework, and not 3 days...

You go back and say that once they have paid the 3 days you will correct that part of the design at your own cost.
In the meantime continue chasing the debt like any bad debt. Without lawyers as it's not worth it.

[WTFH]

That is the point the agency is not approving my timesheets for the last 3 days

The agency shouldn’t be approving your timesheets, YOU should be getting the client to do that.

Something not quite right here in your story.

[BlasterBates]

The lack of a signed timesheet isn't a reason not to chase a debt. If a company denies you were there when you were, moves it into the realm of fraud, any PM knows this is the case; they will probably come up with a weak reason such as that your work wasn't up to scratch which will be very difficult to prove.

If you just simply keep sending reminders and threaten legal action you will probably get paid.

[SueEllen]

You don't need a solicitor simply follow eek's advice.

If you have other proof then they are more likely to pay up as they realise if you did drag them to Court (don't use a debt collector) they have no chance of winning.

Debt collection is not hard it is time-consuming.

[strannik]

Have they refused to pay you or do they keep giving excuses? Or are they just not communicating to you anymore?

I've had to wait 3-4 months to get paid before. I probably called/emailed like 20-30 times.

I have a different approach though. I'd rather solve it personally than through a lawyer. Once you start treating it like a bad debt they will start treating it as a bad debt.

Yes, they provided an excuse saying that they had to-rework some part of my design. But that part would take no more than an hour to rework, and not 3 days...

[strannik]

Do you have timesheets or other proof that you were working for them for those three days. Get that and then ask Debt Collection and Debt Recovery from Safe Collections to chase it up (selected as they used to post on here).

That is the point the agency is not approving my timesheets for the last 3 days, saying that they had to re-work some parts of my delivered design. But even if they had to re-work those parts it would take no longer than 1 hour and not 3 days. And they could have aksed me to do it before I left.

[northernladuk]

There is likely to be a reason they haven't thst you aren't telling me. A one hour consultation won't help and its going to be far to expensive to chase 3 days so the lawyer option is a no go.

[WTFH]

What are the payment terms, as defined in the contract?
How long since you submitted your invoice?
Did you have your timesheets signed correctly?

[jayn200]

Have they refused to pay you or do they keep giving excuses? Or are they just not communicating to you anymore?

I've had to wait 3-4 months to get paid before. I probably called/emailed like 20-30 times.

I have a different approach though. I'd rather solve it personally than through a lawyer. Once you start treating it like a bad debt they will start treating it as a bad debt.

[eek]

I reckon that you are flogging a dead horse for the last 3 days, if you require a solicitor. The "free" 30 minutes, if you can get it, will cover a very basic explanation of contractual law, and a sentence of two of advice.

They will probably advise you to read the terms of your contract, and apply any remedies in it's term of payment clause(s).

Any action taken after that will require payment for their time and effort (time & materials).

Which is why my advice was to throw a debt collection agency at it - it means it looks like you've got a process that you follow and that you mean business - and that may be enough to sort things out.

After that you could then hit them with a small claims court action but by that time you would be throwing good money after bad.

[Scruff]

I reckon that you are flogging a dead horse for the last 3 days, if you require a solicitor. The "free" 30 minutes, if you can get it, will cover a very basic explanation of contractual law, and a sentence of two of advice.

They will probably advise you to read the terms of your contract, and apply any remedies in it's term of payment clause(s).

Any action taken after that will require payment for their time and effort (time & materials).

[NotAllThere]

Or dun them yourself. Up to an including small claims courts. Don't be surprised if they ignore you, or try to muddy the waters with some counter claim. Send the invoices and dunning letters by registered mail, and do not engage via email.

It's only three days. Most likely you'll get it because it will cost them too much effort and money to fight, but it will take time. So do the process and move on.

The Late Payment of Commercial Debts Regulations 2013 - Pay On Time

[eek]

Guys, can anyone recommend a laywer who can provide me with a free legal (initial) advice on the situation when a Digital agency have not paid me for the last 3 days of my contract?

Your suggestions and contact details would be much appreciated!

Thanks in advance.

Do you have timesheets or other proof that you were working for them for those three days. Get that and then ask Debt Collection and Debt Recovery from Safe Collections to chase it up (selected as they used to post on here).