Unpaid invoice, what are my rights?

[JingleBellaTheGymnast]

Am self employed, and was working on a job when the client called a halt due to their investor running out of money. I didn't have a contract, but do have emails confirming how much I was to be paid and a schedule of payments. I can prove I have done the work, that they were happy with work so far etc.

The total fee I was booked for was 12K. At the point that work was stopped I had reached the 4K point in the schedule of payments. I have been paid £200 of this 4 grand.

The people I am working for are not responding to my emails enquiring as to when payment will be made, but periodically contact me to say that they are working on gaining new investment. So far I haven't rocked the boat, in an effort to remain on good terms. I've been hoping that work resumes and I get to finish the job and get the whole amount. Also, it's a small world and I don't want to be thought of as 'difficult'. Stupid, isn't it?

However, it is not a good time to find investment, and I am on the brink of serious financial hardship, so I feel the time has come to attempt to force them to pay.

Am I likely to be entitled to the full 12K, or just the 4 that I had invoiced for up until that point? What do I do to make them pay up?

Thanks

[mycatlikestwiglets]

You do have a contract even if it's not called one - it's the emails and schedule of payment so make sure you keep a copy! You can claim the £4k for which you have already invoiced, but (and depending on what is said in the emails) the remainder is unlikely to be payable until you complete the work.

Did you agree payment terms though? Usually the debtor will be allowed a reasonable time to make payment (up to 28 days). You may have the option of submitting a statutory demand for payment if your invoices are overdue - the effect of which is that you can push the company into insolvency if they fail to pay (assuming it is a company). The difficulty for you is that you don't want to rock the boat, but there could be a prospect that the longer you leave things the less likely you are to be paid (because any funds they do have might be paid out to other creditors who are more demanding). I would be minded to send them a letter (recorded delivery) making clear how much you are owed and by when you expect payment. After that, you might have to consider a formal claim/statutory demand (if appropriate) if they don't pay up.

[JingleBellaTheGymnast]

Thanks.
Have sent registered letter giving them til end of Dec to pay. Then I guess it's the SCC, but it's so gutting to lose the £1000 that's over the limit.

They're a ltd company.

[mycatlikestwiglets]

Just to clarify, I read your OP as saying that you've invoiced for everything you've done - if you have actually done some of the work to which the other payments in the schedule relate, you should also be able to invoice for those.

[JingleBellaTheGymnast]

Thanks, work was halted the day an invoice was due to be paid, so the outstanding invoices cover me up to the time I was asked to stop. I suppose I'm just going to have to write off the work that I would have gone on to do.