Help with Chasing a Debt

fleeze69

Hi, I am a freelance web designer and have a client that owes me quite a lot of money and Im looking for advice about what I could do to chase it.

The bad paying client is a design agency who sub cons me to do sites for them, at its worst stage the agency owed me £7000 (which is about 1/3 of my turnover), but after months of emailing I managed to get them to pay some of the invoices, the debt now stands at £4000 and I am sending emails a few times a week asking when I can expect payment - which mainly get ignored or I get a lie about a cheque will be in the post next week, and next week never comes.

The unpaid invoices stretch all the way back to March and I am concerned as they have now set someone else on updating the sites that I built. So I have lost my "upper hand" (I said I wouldn't update any sites until I had been paid).

Am I in my rights legally to switch off some of the sites that they haven't paid for (or tell their clients that this may happen) - as although their clients may have paid the agency, I haven't been paid and I fell if the agencies clients knew this, then they may pressurise the MD to pay me.

Finally does anyone have any advice about further steps I could take, either getting a debt collector involved or taking the agency to court and costs involved of going down both routes. I have burnt my bridges with the agency so really just want to recover the debt and do not want any further work from them.

Thanks in advance

property.advert

Your contract with the agency will dictate who owns the intellectual property. Usually this would remain with you until paid but I doubt the standard agency contract allows that.

I know someone who does this and he retains all rights and all access codes etc. are only released when full payment is received. All registered in his name and only transferred when paid etc.

As your are owed less than £5000 you can go to the small claims court.

You say that you want no more work with the agency but you may well want to work for the clients in the future and it may suit you to go direct to them but after you establish who owns what. If they are happy with your work and wish you to continue to assist, then they are likely to be rather unhappy that you have not been paid, if they have already paid the agency.

I think you have to formally request the money owed and send your letter by recorded delivery. Stipulate a short time period for them to pay you and if they breach that date, follow on with recovery. Get the right dates for this from the net.

If you own the sites legally, then consider speaking to the clients directly, by telephone and not recorded (you can record it) to get their feedback.

hippyadam

Your other option is to look into a credit recovery agency, they'll usually charge a % fee of what is recovered.

If your a member of the PCG or anything like that they'll usually have an agency they recommend or if you want a personal recommendation PM me.

If you do go down this route make sure you pick someone established, who doesn't charge up front