Grrr.... But what can i do??

vickitoria100

**Right.... please see post below. They have now had their 7 working days and no banana! So if anyone could help with advice about completing small claims applications online, I would be greatful**

I few months ago I undertook some work for a company on a freelance basis and was told that payment would be on receipt of an invoice (which I sent promptly in at the beginning of October).

By last week I still hadn't heard anything so I emailed them. A man from the accounts department replied saying that they had been waiting on some funds and that he would post the cheque to me by Monday (6th, just gone). I still haven't received it and as a student working 30+ hours per week in addition to my full time studies to pay a mortgage, I need it.

I was about to email them again this morning when i got into work but had an email from them saying....

I am very sorry that you have not received payment yet for the valuable research that you conducted for us over the summer.

We are a brand new company and have been let down by investors who promised us money which has not yet turned up causing us cash flow problems.
As you will appreciate it is not at all in our interests to antagonize students who are our customers, further more we fully appreciate the financial difficulties students often face. Therefore, it is a priority for us that we pay you first as soon as circumstances allow.

Surely this is unacceptable to just leave me dangling? As I pointed out to her in reply to the above, this is very unprofessional. If a company, like anyone, owe money to someone, they can't just not pay if they have been let down, surly? The bills I was going to pay with that money can't just wait - I am sure Natwest won't except an email explaining that I was let down by some other person!!

As I said, I replied with an email with this as it's jist and all I got back was....

We do very much hope to pay you within the next month. As a student who has worked for us it is a priority that we get a cheque out to you as soon as possible.

Best wishes

ARGH! I am so angry! But I just don't see any way or anything I can do to make them give me my money! Do I just sit back and prey that it comes before Christmas? Please help x

Older_but_not_wiser_2

I can almost guarantee that they will still be paying their other creditors at this point ( suppliers, bank, petrol accounts etc.) That is because they have the financial backup to threaten them with legal action if they are not paid.


I would threaten them with the small claims court and see how quickly they get a cheque out to you.

Smiley_Mum

Sorry if this sounds mean but my father, now retired used to send out invoices for payment and 30 days to pay. Times he wouldn't get paid, 60 days would pass and even 90+ days would pass. A lot of the time Limited companies so if they went boobs up my father would lose out. He was a sole trader, not a limited company and had to absorb serious financial loss on quite a number of occasions due to Limited companies going down the plughole and then starting up a few weeks later with a different trading name. Meantime, the one man band is left struggling. Just the way cookie crumbles. Unless anyone knows different.

You may be able to claim in a small claims court, not sure. Perhaps someone else can advise you. Would CAB be able to help advicewise.

Optimist

Small claims court you can do it on line. They are depending on you giving up and forgetting about it.

http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

vickitoria100

Optimist wrote:

Small claims court you can do it on line. They are depending on you giving up and forgetting about it.

http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

so should i email them to let them know they have, say, to the end of next week (or is that too soon) otherwise i will start a claim?

also, how much does it cost and will i be likely to get those fees back?

VickyM_2

Keep on and on and on at them. In the past I worked for a company who employed freelancers, and when they got into serious financial trouble, the freelancers were the last to be paid. The only way you got to the top of the payment queue was to make an outright nuisance of yourself - phone or email on a daily basis (but remain polite - the chances are the person in the accounts dept is as fed up of the situation as you are) but don't give up. Say that if you don't receive notification of payment by a particular date you will start legal proceedings. I'm not sure exactly what it is you do, but tell them that you will be spreading the word to anyone else they might be employing about their failure to pay you on time - that might also help move you up the payment queue.

If all else fails, tell them very politely that you'll be at their offices on monday at 9 am for your cheque, and that you won't be leaving until it is handed over.

Good luck!

Optimist

Send a final letter to them saying that you will issue a claim unless they settle within 14 days but if they don't pay you need to start proceedings or they will know your just bluffing. If you win your case you can recover your costs. Cost depends on how much your claiming for. Of the top of my head I believe its between £30 to £120.

Heinz

VickyM wrote:

If all else fails, tell them very politely that you'll be at their offices on monday at 9 am for your cheque, and that you won't be leaving until it is handed over.

D@mned if I'd accept anything except cash at this point - it's obvious a cheque will bounce.

lemontart

small claims court defo, they are a business and should act a such. first step write a letter asking for payment with 7 working days of the date of letter or you will take them to court - keep copy and send recorded delievery if no response then off to court .with copies of emails, invoices letters etc,

Good luck.

Beth
xx

vickitoria100

Heinz wrote:

D@mned if I'd accept anything except cash at this point - it's obvious a cheque will bounce.

Good point Heinz!

taxiphil

I can't believe they've got the nerve to try and sweet talk you into giving them interest free credit. "We very much hope to pay you within the next month" - what a laugh! That's just not good enough.

If they get the slightest inkling that you're a soft touch, you can guarantee they'll keep coming back with more delays and excuses. So you've got to take a hard line with them.

As others have suggested above, send them a letter by Recorded Delivery giving them 14 days, and mention that you'll sue on the 14th day without any further notice and you'll also add interest and late payment charges on to the amount owed.

Then if they don't pay, go ahead and sue - you've got very little to lose except a minimal fee to issue the claim.