Not been paid

[Helpme17]

So I’m self employed and I have got so advice about my constant late payments will they just laugh at me or dose this stand?

My Final Demand
I am claiming the following amounts:

1. Unpaid Wages: For the six weeks I was unpaid during the summer holiday in July 2024: £900.
2. Travel Expenses: Travelling 60 miles
3. every Tuesday over the past year, calculated at the HMRC-approved mileage rate of 45p per mile: £1,296.
4. Late Payment Fees: For six months of late payments (October, November, December, January, February, and March), using a standard fee of £40 per late payment: £240.
5. Compensation for Financial Stress:
6. Considering the financial burden and significant stress caused by these delays, I am claiming £300 in compensation.

Total Final Amount• .£2736.

Depends on who used your services I guess? If it was an individual vs a business then you'd be looking at small claims court?

If you are self.employed do you have some sort of letter of engagement.that has these amounts agreed?

Did you actually work the summer holidays?

If they suddenly use someone else will you be in financial distress?

What communications have you already had?

I understand you are vexed by this but if you are truly self employed then it may be better approached slightly differently but that depends on a lot of factors not described

You continued to work for them for months despite not being paid?

Look up "letter before action". You are beyond one final polite request. Tell them that this is the last letter you will send them before starting a claim in what used to be the small claims court.

The procedure and sample letters are easily found online

I have always had a good result and never had to start a claim

Did you agree these things in a contract? You cannot simply make up things like late-payment fees or travel costs if you have never agreed them with your client. And I doubt you'll see any compensation for "stress".

what’s in the agreement with the client and what are the payment terms (which are usually in your invoice as well)

It seems from your other thread that this is a school and you did not work or have any agreement to work in the summer holidays, so why do you think they will pay you wages?

Is this just from one client or several different clients? What terms and conditions have you agreed with them?

You're self-employed so what does it say in your contract and why have you continued to keep these clients when they don't pay you?

So if this is correct, I would be very surprised that a school wouldn't have required some sort of written terms in place before the engagement commenced.

That should be a starting point.

Did you send them invoices with these items (eg. travel) on and they have deducted the travel?

I would be careful in your terminology SE people are not paid wages - something like "agreed consultancy fee"?

I think you're on a hiding to nothing with compensation for stress and financial hardship I'm afraid. Irritating though it is, a lot of businesses pay invoices really late.

Please say the school at least saw your DBS Op?

Me too, but the other thread looked like there wasn't a client contract because, well, to be frank, it looked a bit of a pigs ear. I couldn't even see how the OP was self employed. But it did appae that there were no terms for what she is claiming. She can't just decide to claim a years worth of travel expenses that nobody has agreed to pay her.

Very disappointing if a school does not ensure employment status has been checked and underpinned with an appropriate agreement!

This goes to show why it's so necessary. There is much potential room for confusion.

bit more than “disappointing” when we’re talking about a school and children

Yes, that is true!

Pedantically, if you're self-employed, you aren't owed "wages". Nor would you be entitled to be paid over a summer holiday if you didn't work it unless you have some sort of retainer (or similar) written into your contract.

Assuming that you are self-employed, you could probably charge late payment fees - have a look at the Late Payment of Commercial Debts (Interest) Act of 1998.

If you had a contract or letter of engagement or agreement, you would need to check that for what you can invoice for mileage.

Financial burden and stress - probably not... again, what does your contract say (if you have one) about charging other penalties.

(I haven't read your other thread, though)

1. If you are self employed, you usually only get paid for hours worked - if you didn’t work over the summer, you don’t get paid. Also, you don’t get wages anyway.
2. You can only claim travel if that was in your original contract. Travelling to and from one place of work doesn’t usually mean you get expenses. Travelling during the working day might dependant on contract (some self employed people factor it into their hourly rate so there is no assumption expenses will be paid).
3. I think you can only charge late fees if they are in the contract - you need to check this with a lawyer.
4. ’Financial stress’ isn’t a thing and anyway, that’s what the late fees are for so you are double claiming anyway.

Other than the unprofessional ‘financial stress’ claim, whether or not your claim for the rest is reasonable is completely dependant on the original agreement (that’s how self employment works) so unless you give details, nobody can say. From what PPs say, there seems to be some sort of backstory here? If you give more details, people might be able to give more targeted advice.

Also, if you are talking about ‘wages’, that’s not compatible with being self employed so you may have been mis-classified. It might be worth considering the ACAS page.

https://www.acas.org.uk/employment-status/self-employment

Just a quick one , what I posted was from a Google search with my information- hence I asked if it looked right.

its £200 £40 each missed payments

thanks all

But did your contract specify those payment terms? You might be better claiming interest on outstanding balances than trying to impose fees retrospectively.

Your other thread is getting accurate advice. Why have you started another one?!

You clearly don’t have a clue.

There is no contract.

www.mumsnet.com/talk/work/5294533-paymentadvice-am-i-overreacting-self-employed?reply=142858116

We are self employed but do a lot of work for one client and have for 17 years but we have an ongoing retainer and sales bonuses and a letter confirming that - do you have anything in writing?

I did post the emails i have had but yeah standard late fee charge