Reply to: Disputed invoice - any advise appreciated

[Safe Collections]

And:

http://www.gov.uk/statutory-demands

We wouldn't recommend this course of action given the OP states:

refused payment as they felt now all the consultancy work i did was useless in their opinion

Using a statutory demand on a disputed debt is definitely not recommended, as judges can often take a hard line with creditors that try to use them in disputed matters and if it is struck out the creditor may well find they are liable for the debtor's legal costs.

It should also be noted that serving a statutory demand on a limited entity is no longer required, you can achieve the same effect with a solicitors letter at a fraction of the cost.

[SueEllen]

Thank you for the links , will have a look now

1. Chase politely using registered snail mail threatening further action including legal action. Also add interest.

2. After the time limit is up contact and hire Safe Collections to help convince them to pay up.

[Contractor UK 82]

And:

http://www.gov.uk/statutory-demands

Thank you for the links , will have a look now

[Contractor UK 82]

Are you sure you are telling the whole story? Have they given any other reason apart from "we're not happy you are leaving?"

Need to make sure, usually it takes 4 pages or so for the important bits to come out.

That's the whole story. Unhappy i handed in my notice when the project is still on going and so they don't feel they should pay me for the month's work as they don't think they can use it which is where i disagree but also feel if i had been allowed to do the notice period i would have had the opportunity to finish off whatever is required or had a hand over period with another consultant.

[l35kee]

Are you sure you are telling the whole story? Have they given any other reason apart from "we're not happy you are leaving?"

Need to make sure, usually it takes 4 pages or so for the important bits to come out.

[northernladyuk]

Also, have a look at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time for calculating the interest and charges that you can apply.

Sounds to me like you should chase and add those charges until they pay you what they owe you - if they aren't happy then they would need a counter-claim. They cannot just withhold payment because they feel like it, unless there is something in the contract that allows them to do that.

And:

http://www.gov.uk/statutory-demands

[TheFaQQer]

Also, have a look at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time for calculating the interest and charges that you can apply.

Sounds to me like you should chase and add those charges until they pay you what they owe you - if they aren't happy then they would need a counter-claim. They cannot just withhold payment because they feel like it, unless there is something in the contract that allows them to do that.

[Contractor UK 82]

Based on your side of the story I’d say you’ve been perfectly reasonable and professional and given the client options.

If they’d rather you had not worked the notice period then they should have exercised that option. Presumably they didn’t as they didn’t want to be left in the lurch so they can’t have their cake and eat t. You should be paid for the work you have done.

It doesn’t sound like they dispute that the work was done but if they claim it’s not up to standard then they are going to need to give you evidence of that and give you the opportunity to rectify it.

As it sounds like the relationship has broken down anyway I would be sending a final email reminder that the payment is overdue and if it remains unpaid then you will start adding interest and if it still remains unpaid then you will have no choice but to pursue it further, at which point get in touch with somebody like Safe Collections (it might even be worth contacting them now).

They didn't want me to do the notice period and refusing to pay for work done and sent to them before the resignation was handed in. Their issue isn't the standard of the work, but me handing my notice whilst the project was still on going. But i feel since i was happy to finish off any unfinished work during a notice period and they refused to exercise that then i am not sure what else i could have done.

Thanks for your advice. Yes will look at Safe Collections

[Contractor UK 82]

It seems like there should be more than this...

It's a very basic contract. I actually suggested amends to add some more into it but those were refused at the time.

[TheCyclingProgrammer]

Based on your side of the story I’d say you’ve been perfectly reasonable and professional and given the client options.

If they’d rather you had not worked the notice period then they should have exercised that option. Presumably they didn’t as they didn’t want to be left in the lurch so they can’t have their cake and eat t. You should be paid for the work you have done.

It doesn’t sound like they dispute that the work was done but if they claim it’s not up to standard then they are going to need to give you evidence of that and give you the opportunity to rectify it.

As it sounds like the relationship has broken down anyway I would be sending a final email reminder that the payment is overdue and if it remains unpaid then you will start adding interest and if it still remains unpaid then you will have no choice but to pursue it further, at which point get in touch with somebody like Safe Collections (it might even be worth contacting them now).

[FrontEnder]

Contract states providing consultancy work and advising in the development of a new online system.

Regarding payment it simply states the daily day rate which to be 'paid per day worked upon receipt of a monthly invoice to settle (30 days net).'

It seems like there should be more than this...

[Contractor UK 82]

It's ADVICE you want. Not advise...

HTH

I did wonder about that as soon as i submitted it actually! thanks!

[northernladuk]

It's ADVICE you want. Not advise...

HTH

[Contractor UK 82]

But what does the contract say about performing the work and what are the conditions of payment?

Contract states providing consultancy work and advising in the development of a new online system.

Regarding payment it simply states the daily day rate which to be 'paid per day worked upon receipt of a monthly invoice to settle (30 days net).'

[FrontEnder]

It's direct with client and there's a contract in place to pay within 30 days which it has now gone over.
Delayed invoices are fine and something that i am used to , but this one they're refusing to pay.

But what does the contract say about performing the work and what are the conditions of payment?