Unpaid bill. Client saying "3 letters" & I am harassing them - rubbish!??!

[watersign76]

Hi

Have come up against my first later payer. Invoice was mid Dec. They are an accountant (!) and I think they are trying to blind me with legal ease. They are referring to me having to send "3 letters" before I can take action. I guess they mean an invoice, a late invoice and then a letter?

However, I did send an invoice, and a late invoice via email. They have confirmed in emails that they will pay "soon", they are waiting on funds from other clients. My view is that really isn't my issue....

They are also suggesting that chasing for the money is harassment under Consumer Protection from Unfair Trading Regulations 2008 Act... Not sure where the consumer bit comes in between two businesses!

I am planning to send a final demand letter registered post.

My FIL is a bookeeper, he says this is fine, but I just wanted to check what the accounting gurus on here think.

Thanx

I'm not a guru but out of interest did your small print / original contract contain any payment terms i.e 30 days after invoice payment due - type thing? That could make a difference

Government guidance on your rights and the law
:-)
www.berr.gov.uk/files/file37581.pdf

They are talking bollocks - guidance to the act here nothing about chasing late payment and mentions b2b not relevant if no impact on consumers.
3 letters are often standard practice (invoice, late invoice, pay within 7 days or solicitors action letter) but not compulsory. Once you have invoiced and they have not paid within payment terms can sue them.
options are as talking linked to or can talk a company to court as insolvent if they owe you more than £750.
the fact they have not been paid has no relevance on whether they should pay you.

take them to court, not talk

Can I wade in as a legal guru?

Unless you are chasing a lot more than just sending letters (such as ringing repeatedly every day/stalking them) they are talking crap on the harassment front.

If someone does not pay you within the time limit in your contract, you can (usually easily) take them to court. I'd send them a letter before action stating that they must pay you by 'X' in the absence of which you will initiate court proceedings. That usually scares people into paying. However, you do need to follow through if they fail to pay - but for a simple debt claim you can probably use moneyclaimonline to keep things simple.

I collected a debt with moneyclaim
£25 fee
judgement by default
added £5 interest
contacted them to say I would come to collect cash, but bring enough friends to collect "goods to the value of"
and the money was delivered in cash the next day ;-)

t'was excellent

Thanks all. It is great to have reassurance, that I am not the baddy, they are!

T&Cs aren't what they should be, already addressing this.

Will send a final demand and see where we get to. Have emailed (aside from the 2 invoices) 3 times across a couple of months and spoke twice (once was them calling)..so not really sure how they think that is harrassment....

So wanted to respond back on all the rubbish claims, but think I need to keep it straightforward and professional.

Thanks again, I really appreciate it.
WS