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Non payment for work

10 replies

PuddinAforeDinner · 21/08/2015 07:18

DH was offered part time work for a company but only as a self-employed contractor and not as an employee (on the books). He accepted the offer (as was recently made redundant) and worked for said company for 3 months, submitting an invoice at the end of each month for monies owed. At the end of the 3 months he still hadn't been paid so decided not to continue working for the company but regularly phoned the Office Manager to see when payment may be received. We are now nearly 3 months on and still no payment. He has sent a letter to the Accounts Manager and Office Manager (recorded delivery) but still no payment. We understand that the money owing is not very much but now its a matter of principle Angry . Is there anything else we can do? any help is much appreciated Flowers
I must add, this is a company he knows very well as has worked for them on a permanent basis in the past.

OP posts:
eurochick · 21/08/2015 07:20

He could submit a claim to the small claim court.

chelle792 · 21/08/2015 07:20

Small claims court? Although if the value they owe is over ten thousand you are liable for their legal costs if you lose

BoffinMum · 21/08/2015 07:23

I think a strong letter asking for payment within seven days otherwise you will go to the Small Claims Court.

FishWithABicycle · 21/08/2015 08:00

Does a contractual agreement exist laying out in writing what the company agreed to pay? Did the invoice state payment terms specifying the number of days by which payment must be made? If his invoices and contract didn't specify a shorter time period the company may have a standard policy of paying invoices 90 days after receipt. I once worked for a company which was only able to function because it insisted all customers must pay up within 7 days but all suppliers had to wait 90 days to be paid - without this disparity the company would have been constantly teetering on the brink of bankruptcy.

he could write to them saying that if payment of invoices a b and c are not received by X date then he will be instigating formal proceedings against them. Or if he's hoping to maintain a good relationship with the company he could tone it down slightly from that. But the small claims court is there for him if he needs it.

PuddinAforeDinner · 21/08/2015 08:58

Thank you for all your responses.

FishWithABicycle, in answer to your question, yes he does have a contractual agreement laying out in writing what the company agreed to pay but no timeframe. It is stated that invoices have to be in before the 20th of each month which was done.

It looks as if the small claims court is the way forward.

Thank you all Flowers

OP posts:
wowfudge · 21/08/2015 11:48

He could also look to issue a Statutory Demand for payment of his invoices - especially the first one which is now over the 90 payment period. If a stat demand isn't paid he could commence insolvency proceedings against the company and they should know that. That should galvanise them into action.

PurpleWithRed · 21/08/2015 11:52

He can also claim for late payment costs www.gov.uk/late-commercial-payments-interest-debt-recovery - the interest payable is nothing much but the debt recovery costs are worth having.

PurpleWithRed · 21/08/2015 11:52

He can also claim for late payment costs www.gov.uk/late-commercial-payments-interest-debt-recovery - the interest payable is nothing much but the debt recovery costs are worth having.

PurpleWithRed · 21/08/2015 11:52

He can also claim for late payment costs www.gov.uk/late-commercial-payments-interest-debt-recovery - the interest payable is nothing much but the debt recovery costs are worth having.

PurpleWithRed · 21/08/2015 11:53

once for every invoice.... sorry folks!

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