To name and shame a big company that has just screwed me over

[SmallBuisnessOwner]

Name change.

I did some work for a huge company, it was exactly as they requested (even against my advice that I thought they were missing the point). It was over a weeks work.

Was delivered to them they said thanks bla bla and I invoiced.

Now a month later I'm expecting payment and they are saying they were expecting more from me due to the track record of achievements I told them about at the begining of negotiations. But these achievements are averaged out across all of my work, I can't guarantee anything for a single peice.

They are asking for another one for free.

Aibu to refuse to do so, request payment ASAP and if not (on my social media) make a post where I talk honestly about what happened to me and by whom?

Did you have a contract stating exactly what you would deliver for them ? Sounds like they're pulling a fast one and hoping to get more out of you.

If you want to be seen as a professional I wouldn't threaten social media I would threaten small claims court.

Look to the contract - if you have fulfilled it, tell them to pay or you will sue for breach of contract. Whilst im not saving dont name and shame them, the first thing that popped into my head is what getting into a public shaming match might so for your professional reputation

Speak to the person who did the original negotiations with you and take it from there. I think naming and shaming would be a bit premature at this stage.

Look at your contract. I would theaten solicitors not social media.

With SM you might get immediate satisfactions but any small storm you might create for them would easily be forgotten but your own 'brand' will be labelled as difficult for any other potential customers of big companies you might want to work with in the future.

I don't want to out myself and say exactly what it is and know I'm going to sound like an idiot. But there is no contract, it kind of snowballed from something insignificant into a piece of work.

I've got email transcripts of it all, but would have no luck in small claims.

I'm going to politely decline doing any more work as I did deliver what they asked of me.

I guess in a week if I don't get anywhere then I can mention social media.

Small claims court. You have itbin writing that you did what they asked, they accepted this and thanked you, don’t let them con you

Did you email them with Costs for your work?

Why would you wait another week? If they are saying they aren't paying you they aren't suddenly in 5 days going to decide they feel like doing it. I'd threaten them with the social media thing now!

Yes, there is an email negotiation where we did come to a clear and agreed cost. Then there is the invoice that I send that they acknowledged receiving.

They haven't said they won't pay, just that they expected more and are now asking for more.

Then surely thats a contract of sorts? Its not as if you dropped off some random work on their reception desk and hoped, you have written proof of agreed cost from them for the work.

That still counts as a legally binding contract so go through small claims

Tell them to pay the invoice and you will then be able to discuss any potential new agreement for changes.

If you have an email trail setting out fees and what's expected for the fees, then that's fine for small claims court. You don't need an offical contract - an email one is binding.

Did you ever promise the 'more' they aare asking for?

Go back to your initial contract and have a frank discussion with them. Is there anything in your emails that could be misconstrued as you promising them more? If not, they should pay you. What a cheek! Indignant for you.

There is no requirement under English law for a contract to be signed or even to be in writing. If you have emails in which they ask you to do something, you agree and a fee is agreed upon then you have a valid contract in place. The difficulty is in proving the terms of that contract and you then have to rely on the Supply of Goods & Services Act 1982 which implies certain terms into the contractual relationship.

You have to prove that you supplied the services with reasonable care and skill, and that you provided them within a reasonable time.

This is a business to business transaction and they are clearly trying to argue that you didn't supply the services with reasonable care and skill but to be honest if they are a big enough company they won't want the bother of fighting it. You can issue a claim online.

No it sounds too subjective a piece of work and they could sue you. GO in and meet with the person who commissioned the work and understand exactly what you need to do to fulfill their original request. Negotiate from there.

Sorry, my post crossed with others saying the same thing

Cheeky monkeys. Unless it said in the contract that payment was dependent on achieving X goal then they haven't a leg to stand on. The worst they can do is not use you again and I doubt you'd want them to anyway! Remind them of the terms of your invoice (presumably it has a payment date on there) and don't work with them again.

You should always get clients to sign a contact though - good lesson for the future.

OP an email negotiation would stand up in small claims as a contract - if there’s offer and acceptance and consideration (in this case, money) it’s a contract.

In the first instance reply saying no issues were mentioned at the time and thus if there were any issues with your work, which it is denied, these have been waived anyway. Payment is demanded within 14 days and if not received you will be seeking legal advice.

After 14 days reply to say you’ve sought legal advice and will be pursuing in small claims. In email and hard copy (recorded delivery).

Go online and fill out the first page of a small claims form - ie your and their name, details, etc - you’re claiming for breach of contract - but for now don’t bother with filling in the particulars of claim (just write “particulars to follow”).

Next day send them a copy of the form and say you’re filing within 7 days if you don’t receive payment.

I’d be surprised if at that point you didn’t receive payment. If you don’t or might be worth actually filing the claim though depending on how much they owe you.

I wouldn't threaten social media; I think it looks unprofessional.

I agree that the worst they can do is not use you again; so you don't have much to lose really. Politely but firmly chase the person who was your main contact for payment within a clear period. If you get no luck with that, contact their payments people direct. They'll hate being chased by a supplier and will put a rocket up your contact's arse.

It is very unreasonable of the to delay a month before raising the quality/quantity of your work. I would write to then stating your objections and asking for payment. In future make sure you have terms on your invoice (eg 30 days). Also, an email outlining what you have agreed to do for the price is legally binding.

No I didn't promise what they were asking. I stated some average performance metrics early on in the negotiations but it's as clear as day that it was for a flat fee with no mention of any metricks.

I think it flopped (as I expected it would) and someone is trying to cover themselves for their own bad choices.

I've replied to say I would like payment for the original services as agreed, I think with accounts payable it should come next week. I've set my out of office on as don't want to deal with them again today.

I mean I didn't promise the performance metrics that they are now talking about. It was a clear flat fee.

If it had of been performance based I wouldn't have done it as I didn't think it would perform well, so I did what they asked. If that makes sense. It's a creative thing so it's impossible to guarantee any performance.