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Self Employed and trying to claim money owed

Hi
I am after some advice with regards to claimimng money I am owed from a company I have worked for for the past 8 years.
The problems have been for the past 18 months with cheques bouncing and me not being paid the full amount that I am owed.
I realise I shoud not have let things get this far but when there is a lack of work around I was hoping that by being loyal to this company I might get my money.
Things have now come to a head and I am owed £4000.00 and wuould be grateful if anyone had any advice for claiming the money from them.
I have all the invoice for the work that I have carried out.The said company is still trading and not a limited company.
I really would be gratefull for any advice that anyone has.(and I know I should not have let things go this far)

Thanks in advance

Andy

Comments

  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    are you prepared to take them to court? It will ruin your relationship with them, so you need to be sure you wnt to do that (I'd say yes..)
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    edited 2 October 2010 at 12:40PM
    You have the massive advantage of them not being Ltd so the owners are personally liable for the debts so they can't just shut down the company and walk away scott free. Even better because they owe you more than £750 you can have them declared bankrupt and if its a partnership, you can file bankruptcy on all partners involved depending on their share of the company which can result in them losing their houses - I personally find that the loss of ones home tends to focus the mind :D . However the following action is likely to result in a loss of that customer but TBH I know I personally don't want customers who don't pay. Sure you'll have to go out and find other customers but its better to be doing that than spending your own money to do work that you don't get paid for.

    So onto how to do it...

    Firstly send a statement of account - that is all the outstanding invoices, partial paid invoices and the amount owed - along with a letter stating these are now well overdue and payable within 14 days. When thats not paid, send a final demand and state that if its not paid within 7 days there will be a fixed fee of £70 and interest will be charged at the current reference rate of 8.5% as allowed under Late Payment of Commercial Debts (Interest) Act 1998. State that failure to pay may result in court action and/or as they owe you more than £750 you can apply to have them declared bankrupt. Give them another 7 days after the deadline is due and send another letter stating that if payment isn't made by return of post, court action will be taken to recover the money. SEND ALL OF THESE LETTERS BY RECORDED DELIVERY.

    When they've still not paid, take them to small claims court court. Sue them for the invoices plus 8.5% interest plus £70 (as listed in the act above) plus your court costs but try and keep it under £5k to reduce your costs and keep it as a small claim. If you win and they still don't pay go back to the court and ask for a notice for removal of goods or bankrupt them.
  • cavework
    cavework Posts: 1,992 Forumite
    If you do go as far as court action with Money claim on line please make sure you include the fact that you are claiming interest and the fixed fee on the form. Add a breakdown as part of your statement and make sure you follow the instructions for claiming these extra costs.
    If you don,t they cannot be applied at a later date.
    Also be prepared to pay a court booking fee before you finally take them to court. If you miss the date for payment your case will cease to exist
    I would firstly do as Hammyman has suggested and send a FINAL statement of invoices overdue, to be paid within 7 days before court action will commence.
    Also keep on contacting their accounts department if they have one .. phone them again and again and again ..then email them with details of the phone conversations , get a contact name and don,t give them a minutes peace until this is resolved.
    Make sure you are shouting the loudest when it comes to being paid.
    I would then look for other clients and let this one fade into the ether.. your loyalty is being abused.
  • Thanks for all your replys.
    I really dont want to take things this far as I have always got on with the people that run the company but Things have gone to far now and I need to take action before things get any worse.
    I just want to know where I stand legally before I start any action as this company is my main source of income ,however small the cheques have been.

    Thanks

    Andy
  • I also want to be sure that I get the whole amount or large chunk of what I am owed back and not a stupid amount like £10.00 per week.
    As I would be worse of than I am now.

    Cheers

    Andy
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