Legal advice please

[Grommit]

DH works as a contractor and the agency he is working through is defaulting on paying his invoices. The agency keeps promising payments but they are in financial difficulty and have only paid a small percentage of what they owe. What can he do to get this money? Small claims court, debt collectors? Advice would be appreciated

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He should write sending a complete statement of all monies owing and requesting payment within a set period of time (e.g. 14/30 days). He should advise that, if payment is not forthcoming within that time, he will have no alternative but to issue court proceedings. He should then allow 7 days beyond that period before issuing a summons (just to allow for unavoidable delays). And he should issue proceedings or the agency will continue to treat him in this way.

Depends on how much is owing as to whether he can claim in the small claims court (I believe the current limit is £5,000, but it changes so check with your local county court office).

Doesn't make any difference who serves the winding up papers. The only priority is the cost of the winding up procedure (which you would have to fork out in the first place). All unsecured debts are then treated equally.