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How to recover payment? - Self employed
Joe40
Posts: 2 Newbie
Hi All,
I find myself in a bit of a conundrum here and hope to receive some good advice.
The issue. Just over three months ago I started doing some self employed work for a company in London. I was a bit sceptical at first as the Owner wanted me to work a full week and pay me a fixed amount every month. The amount was £1900 and the hours worked would be approximately 50 -60, with 6 days off per month. I know this is a very hazy part of the law, but I thought, why not, as I have a fixed income for that month, which I will still pay my own NI and tax as per usual.
To make a long story short, the 50 hours turned in 70, and the 6 days off turned into 4. I talked to the owner who said wait a while, its a busy period etc etc. I agreed, but told him that if had not changed after 2 weeks, I would be considering terminating. After 2 weeks, nothing had changed and I terminated with 5 days notice. He got very angry and told me I should give a months notice. I know I don`t have to do this as I am self employed. He then called me and said I should finish my jobs the next day and that would be fine.
The problem. I submitted a final invoice, which he has not paid. I have tried calling the company, I get fobbed off. I have emailed them - no reply. The amount is not huge, its is £500 odd pound, but money is money.
The 2nd problem. All of the negotiations prior to starting work were verbal. He never gave me a contract or anything to sign. He currently "employs" about 6 other members of staff, also under the umbrella of self employed and none of them have contracts and they are all paid monthly.
What are my options here please?
I find myself in a bit of a conundrum here and hope to receive some good advice.
The issue. Just over three months ago I started doing some self employed work for a company in London. I was a bit sceptical at first as the Owner wanted me to work a full week and pay me a fixed amount every month. The amount was £1900 and the hours worked would be approximately 50 -60, with 6 days off per month. I know this is a very hazy part of the law, but I thought, why not, as I have a fixed income for that month, which I will still pay my own NI and tax as per usual.
To make a long story short, the 50 hours turned in 70, and the 6 days off turned into 4. I talked to the owner who said wait a while, its a busy period etc etc. I agreed, but told him that if had not changed after 2 weeks, I would be considering terminating. After 2 weeks, nothing had changed and I terminated with 5 days notice. He got very angry and told me I should give a months notice. I know I don`t have to do this as I am self employed. He then called me and said I should finish my jobs the next day and that would be fine.
The problem. I submitted a final invoice, which he has not paid. I have tried calling the company, I get fobbed off. I have emailed them - no reply. The amount is not huge, its is £500 odd pound, but money is money.
The 2nd problem. All of the negotiations prior to starting work were verbal. He never gave me a contract or anything to sign. He currently "employs" about 6 other members of staff, also under the umbrella of self employed and none of them have contracts and they are all paid monthly.
What are my options here please?
0
Comments
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Letter Before Action giving him 7 days to pay, then start a claim through the small claims process.0
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@Tony
Yes. I was thinking of this.But is is not just his word against mine? The only proof I have that I have done work for him, is two prior payments that he has made to me in my business bank account.
What if he turns around and says that I am fully paid up and so on? There were no witnesses to our verbal contract.0 -
You go ahead anyway .... if it does ever get to a court hearing it will be down to who gives the more credible evidence. If you are lucky he may just pay up , or offer no defence and you get a judgement automatically. Bear in mind that getting a judgement in your favour doesn't guarantee you will ever see any money though.
Alternatively you put it down to experience and walk away, learn from it and don't get in the same situation again.
I am self employed, but never take on any work without a written agreement of what the work is / how much is being paid / when payment is due etc.0 -
Why were you not invoicing them? Send in an invoice now demanding payment in 7 days!
What do you have in writing?We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0
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