To expect my DP to be paid!!!

[LEMisdisappointed]

Have posted this in legal but posting here for traffic

My DP is a self employed carpenter. He did some subbie work in the summer (omg talking about summer in past tense!) for a company via an agency (no problems here) and then did some work for them directly on a self employed basis. Work came to an end after a few months, as expected. He is owed just under 1K after tax. Was sent a cheque at the begining of august asked not to present until the 30th (we should have started chasing then but benefit of doubt and all that). Cheque bounced - we was told that there was some fraudulent activity on the companies account that was being investigated and the account frozen until last wednesday and that DP would be paid on friday. No cheque received, no BACs payment received and more worryingly, no contact despite DP texting company owner - couldnt contact office as no one there friday afternoons.

Thankfully we are in the rare position of this not being a major disaster (most of the time it would have been a nightmare) but even so, its very stressful, i suffer from anxiety disorder so its not helping!

I have left a message with the guy on his phone that we are running out of patience now and will be taking further action.

Will make appointment with CAB but these are rare as hens teeth around here so wont be straight away.

What I am asking is - what would be our likely route? I want to now write an email/letter to get things in writing but want to be clear what our next step will be. As we are not going to let this drop and want to be clear that we will take the appropriate action. DP read on a government website (not sure what one) that there are actions than can be taking via the courts that can be done online. It is a limited company that we are dealing with.

any advice, pointers to appropriate sites much appreciated

Small claims court.

I wouldn't bother with CAB in all honesty. Have you chased this debt in writing? If not then do so, enduring you keep a copy for yourself.

Once the deadline has passed ( give them a date in the above and the consequences if they don't make that deadline) then straight to small claims court.

You can do this on-line, it's not difficult and usually kicks people into paying. Remember whoever screams the loudest gets paid first, so ensure your voice is the loudest.

oh, i'll be loud Blue :) Not chased in writing yet - will be doing so tomorrow (as well as harranguing office with calls!). Was posting to find out what i should write. I read somewhere that people should be given 28 days but it is past that from when the money was owed (end of july was when DP finished working for this firm) So something along the lines of - pay within 7 days or we will be taking legal action to recover the debt? sort of thing?

Is email counted as "in writing" or should it be post? maybe even recorded delivery?

Thanks

Basically you need to create a paper trail to prove to the courts that you have made a reasonable effort to recover the money owed. An email would do just as we'll as a letter.

The terms of your payment should really have been agreed in advance, but if you have been working got someone previously I suppose you could say that your terms are 28 days if that is what they normally do.

If it was me I would be putting something like 'with regard to invoice number 123, dated 01/07/2013, for £1000.00, which is overdue. Please ensure this I'd paid by 01/10/2013 otherwise we will be taking steps to recover the money owed via small claims court, all costs to be paid by you.'

No practical advice for you, but I hope someone in the know does come along for you. Good Luck

It's not impossible that the company is in trouble so important not to delay while waiting for the CAB. If they are in trouble you need to get the money out of them before they go under.

Hopefully others will be along soon to tell you how to do that! (Not something I've ever done.)

I had something happen like this recently. Luckily a good friend of mine is a solicitor and advised me of what to do. I can send you a copy I the letter if you PM me, they paid the next day

Just as an afterthought, is the company a sole trader of Limited Company?

Its a limited company blue - and should have been paid as a sub contractor under the CIS scheme.

Im not sure if the thing about the fruadulent activity was true now or just buying time I think that other guys who have worked for them also haven't been paid :( Bastard.

They were a company who were contracted for Mitie which is a big company working on social housing contracts, I will be sure to be letting them know that they are not paying their workers too!

Argh not good. Get that paper trail in place, give them a short deadline and get it to court.

It's easier to get a CCJ enforced if its a sole trader, but hopefully it's just a cash flow problem and they pay up with the threat of court.

Any luck today LEM?

Definitely snail-mail letter, preferably sent 'signed for', rather than an email. Give them seven days or else ...

Sent email yesterday still not heard anything no surprise gave them til tuesday but I think registered snail mail is the way to go fuckers its not doibg my mental health any favours

Lem, I am having a hard time copying it on the iPad from email. Can you pm me your email address and I will forward the message?

Advice from the Contractorcalculator.co.uk website:

Step 1: Contact the debtor
Step 2: Use a credit collection agency
Step 3: Letter before action
Step 4: Letter of intended proceedings
Step 5: File claim with <a class="break-all" href="https://www.moneyclaim.gov.uk/web/mcol/welcome" rel="nofollow" target="_blank">MoneyClaim Online</a>
Step 6: Alternative dispute resolution (ADR) [If debtor agrees]
Final : Court ruling, bailiffs, forced liquidation

Also if it's "business to business" you can charge interest on late payments.

www.gov.uk/late-commercial-payments-interest-debt-recovery/when-payment-becomes-late

Send a letter recorded delivery giving 5 working days for payment in full otherwise action will be taken to recover the debt via the small claims court. Be straight to the point and factual in the letter - short and sweet!
Request payment by BACS - or CHAPS preferably, not chq and proof of the payment via email/post.
Make sure you send it to the companies registered address. If this is different to the address you have been using so far, send a copy to both. You could also email a pdf of the letter for good measure.
In 5 days time file at small claims court.
Provide them with the evidence.
Once they rule in your favour, getting the money is not always easy, but it is the only way to get the ball rolling.
It's really unfair when this happens - most companies will ensure contractors and freelancers are paid first, even if they are in trouble financially as it is their income
Good luck

Also have you checked them on Companies House?
If they are late filing accounts, it may indicate if they are in financial trouble.
Google them as well to see if others have indicated any problems.