DH unpaid for work - any suggestions what we can do?

[DucketyDuckDuck]

Hi

My DH carried out some work a month ago, for a contractor. He is paid a daily rate and did 6 full days.

He has not been paid. He has been calling the contractor, who was very apologetic, and stated that they had been having a rough time moneywise and had been stung themselves for a large amount of money. He said that when they had been paid, they would pay DH. Now, my DH is a nice man, but this conversation has been going on for 3 weeks. They either don't pick up the phone to him, or do and make promises about "will be paid tomorrow, and will pay you".....it never happens. I think they are playing him frankly.

Aside from this, we missed two mortgage payments (Jan & Feb) We have paid March and April and also paid a small amount to start paying off the arrears. As we haven't received the above payment, we can't pay our mortgage.

I am very worried, I declared bankruptcy in April, thats how bad things had got. My DH was off work sick all of last year, and that just finished us off financially. Don't want DH to have to declare bankrupcy too, we are living hand to mouth at the moment, and not receiving the above money, could be the start of a slippery slope.

Any advice over what we can do?

Ask around on forums.moneysavingexpert.com/ - there's a lot of people there with a lot of knowledge about debt, finances and employment. They're friendly, and many of them will have been in the same position as you

I'd also suggest (but I'm not a lawyer or expert) writing to the employer stating the amount outstanding, the number of days worked and when, how long it's been owing, and giving them a deadline to pay before you'll have to 'hand it to your lawyers'. Might make them take it a bit more seriously! Or even just send an official-looking invoice if you haven't already.

Also, the fact they've not been paid isn't your problem, so pay no attention to that (unless there was a contract saying he wouldn't be paid until they were).

You might find help on the self-emplyment board here, too.

If it's under £5k, he should pursue the debt through the small claims court. If the debtor is in trouble, he's probably paying those who shout the loudest. Issuing in court is pretty loud.