On Wednesday:
KILL
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Messing around with payment
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Messing around with payment"
Collapse
-
Just an update. OK so I left it a little longer then decided enough is enough. Their 7 days runs out on Wednesday, no reply at all so far, I think they think I'm bluffing.
Leave a comment:
-
Originally posted by gtr View PostThat would make my year.
Do you think it's worth trying CAB then? or should I just go ahead with the threat of a CCJ? I don't want to shoot myself in the foot.
A judgement on it's own is worth nothing unless the debtor is prepared to cooperate. It may be that they are, or it may be that they are not. It is often the case that a letter before action may focus their minds a bit - but by their own admission they have some difficulties. Also in the case where the claim goes undefended they can often get a stay of execution claiming none of the court documentation was received and then you have to go back to courts and aregue against a defended case.
If you want to go the winding up order route then it is a formal process, and it can be comparatively expensive - hence you need sensible advice. The CAB are supposedly versed in it but a commercial solicitor is a better bet. It is more expensive than country court or the small claims court. However it WILL get their attention.
It's not without risks though. The petition has to be published in order to ensure other creditors have a chance to launch claims or join in the party. If they do end up being placed into compulsory liquidation you will just take your place in the queue with the rest of the creditors.
One strategy might be a letter before action, see what happens and then go the winding up route instead.
i would suggest you carefully review the various links that have been provided, see what your options are and then discuss with a solicitor or CAD what your legal options are. There are a whole bunch of online solicitors that can probably give you good initial advice and initial chasing.
Leave a comment:
-
Originally posted by ASB View PostPersonally I have found winding up orders get their attention rather more. http://www.insolvency.gov.uk/guidanc...upacompany.htm
You need to be able to prove the debt (and it appears you probably can). You first cheap port of call should probably be the CAB if you do not want to pay a solicitor.
Leave a comment:
-
Originally posted by lambrini_socialist View Postsounds pretty straightforward to me. whether or not they actually have the money with which to pay you is another matter - however if you're successful in the small claims court, you can send bailiffs in to confiscate equipment equal in value to the amount owed. AFAIK as long as the business premises isn't a residential address, the bailiffs are allowed to force entry.
Originally posted by ASB View PostPersonally I have found winding up orders get their attention rather more. http://www.insolvency.gov.uk/guidanc...upacompany.htm
You need to be able to prove the debt (and it appears you probably can). You first cheap port of call should probably be the CAB if you do not want to pay a solicitor.
Leave a comment:
-
Originally posted by gtr View PostYeah that's what I had in mind too.
Unfortunately I don't have a written contract as such but I have got emails with them before I started work there, stating my hourly rate, payment schedule etc. Hindsight is a wonderful thing hey! The worst thing is that I worked there for a long time before this and knew them personally. *sigh* T****rs.
Thanks for your reply
Leave a comment:
-
Personally I have found winding up orders get their attention rather more. http://www.insolvency.gov.uk/guidanc...upacompany.htm
You need to be able to prove the debt (and it appears you probably can). You first cheap port of call should probably be the CAB if you do not want to pay a solicitor.
Leave a comment:
-
Originally posted by lambrini_socialist View Postit sounds to me like the time for giving the benefit of the doubt has long gone. you even have a record of their intent to screw you over (the "don't pay him" email). give 'em a 7 day final demand by recorded delivery then go through the small claims court ASAP. or send them a fresh turd in a shoe-box. your call
hopefully you have a written contract to back this up: but even if you don't, that shouldn't stop you using the courts (i got a CCJ against someone once - not a client, but a dishonest small trader - without providing any contract or receipt etc. they never bothered defending it so i won by default)
Unfortunately I don't have a written contract as such but I have got emails with them before I started work there, stating my hourly rate, payment schedule etc. Hindsight is a wonderful thing hey! The worst thing is that I worked there for a long time before this and knew them personally. *sigh* T****rs.
Thanks for your reply
Leave a comment:
-
it sounds to me like the time for giving the benefit of the doubt has long gone. you even have a record of their intent to screw you over (the "don't pay him" email). give 'em a 7 day final demand by recorded delivery then go through the small claims court ASAP. or send them a fresh turd in a shoe-box. your call
hopefully you have a written contract to back this up: but even if you don't, that shouldn't stop you using the courts (i got a CCJ against someone once - not a client, but a dishonest small trader - without providing any contract or receipt etc. they never bothered defending it so i won by default)
Leave a comment:
-
Messing around with payment
Hi everyone, I just need a bit of advice about a problem client. The background is I used to work at this company for a good few years. I left to go freelance/contract and 5 months after I left I went back there to do 2 months of work. 3 weeks in I get offered a great work opportunity somewhere else so I tell them that I want to end the job 2 weeks earlier than anticipated (I told them this 3 weeks before my proposed leaving date), which they weren't too happy about, even though they actually admitted that I only need to give them 1 weeks notice.
Long story short, 2 months down the line I'm still waiting for the last 2 payments (30 days payment from weekly invoice) so the payments are 3 and 4 weeks overdue, roughly. I've been asking nice enough every week for the payments but I keep getting answers like "soon" or "when we can, we have a cash-flow problem at the moment". So after I tell them that they should'nt have employed me if they didn't have the money etc. I get a brash email saying "I've been told not to worry about paying you since you walked out on the job, and that the work was shoddy!". As you can imagine I was fuming about this, not once did they mention that they had a problem with the work, so tried calling them but got a "he's busy right now, he'll call you back in 10 mins". No phone call. So I email the director and the others today and get an email saying "You'll get your money. We'll pay you as and when cash flow allows.".
I'm debating wether or not to send a 7 days, or court email. Any advice?
ps. The kicker is we actually agreed a reduction in my rate to accomodate the invoice and pay weekly arrangment.
pps. The unpaid invoices comes to roughly £2400, not small change.
Sorry if this is a little "rambly". Any advice much appreciated.Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: