Is this legal?

Catebob

I have started chasing up unpaid invoices for my husbands business.
I am having a lot of trouble with one.
The invoice was sent by email and recorded as being received on 13th January.
When I rang 2weeks ago, 60 days after issue, the accounts department hadn't received it.
I informed them of who had it and resent it.
Then they agreed to pay and I was told it would be through tomorrow.
I did my usual and followed up the phone call with an email.
Today I received an email from the tech chap who hadn't passed on the original invoice. It states that he has stopped the payment going through but he will authorise it if my husband contacts him about other projects.
Can he do this? The work that has been invoiced has been completed. The other projects are things that my husband hasn't even billed for.
Thanks

Mistral001

The OP's husband has to make a business judgement here. It is not about what is "legal". Does he trust them enough to take on more work when there is a problem with getting paid for the last work he did? He might decide he does trust them and it turns out to be the right call or it might be the wrong call and he ends up not getting paid for either thus having the trouble of having to take them to court for the two jobs.

The risk can be reduced a little if the financial history of the firm is investigated. If it is a Ltd company a certain amount of financial history details can be obtained online.

Catebob

Sorry didn't make it clear. I have taken this on as he no longer does this business. He has a salaried job.
The extra work he has done is them ringing up saying hey mate I'm a bit stuck with this can u help me? He then will give them advice, sort the problem. He was doing this for most of the companies he worked for but this one started to take the Mickey and ring up 2-3 times a week.

Aquamania

Catebob wrote: »

I have started chasing up unpaid invoices for my husbands business.
I am having a lot of trouble with one.
The invoice was sent by email and recorded as being received on 13th January.
When I rang 2weeks ago, 60 days after issue, the accounts department hadn't received it.
I informed them of who had it and resent it.
Then they agreed to pay and I was told it would be through tomorrow.
I did my usual and followed up the phone call with an email.
Today I received an email from the tech chap who hadn't passed on the original invoice. It states that he has stopped the payment going through but he will authorise it if my husband contacts him about other projects.
Can he do this? The work that has been invoiced has been completed. The other projects are things that my husband hasn't even billed for.
Thanks

Yes he can ... and he has!

Why doesn't your husband make contact and see what can be resolved? :huh:

Catebob

I'm doing this because my husband now works full time and has no wish to have any further contact with with this person.
So the tech guy can say after 2 months that he has issues with my husbands work? Even though he had been in contact with him 2-3 times a week and never raised this before? In fact this was agreed to go through by the company last week but because my husband is no longer at this guys beck and call he can stop payment on a job even the guy agrees it was completed satisfactorily?
Sorry I am just frustrated by the huge unfair ness of it.
But I bet you guys have it worse.
And thanks for all replies.

Prothet_of_Doom

It all depends on how the contract your husband had with his client.

Basically, do you have a signed delivery note? Did he deliver what we quoted for? Is the additional work, because there are faults, or because the requirements were a bit vague, and really it's scope creep.

I think you have to play hard ball, say:::: ...... Okay either pay up now, or my husband will take his work back, he has a baseline copy of your old system, and will be in at the weekend, to put you back to where you were before he did the work.
If you believe there is outstanding work, then you need to list the faults in writing by ....date... and we will contact you to discuss them. Dispute them, and then : If you wish to discuss terms for a support contract, you need to pay this invoice first...28 days or we start court proceedings.

Either there are faults, and they can be fixed, but only those faults as they give in writting. Or there are faults, and they can not be fixed, so you'll put them back to where they were, or this is follow on work and you are not even discussing the contract until this one is paid.

Savvy_Sue

I'm a bit confused: are these 'other projects' things which this chap WANTS your DH to do, or things which he did and has not yet billed, or does not intend to bill, presumably because he didn't want the work any more?

And how much are we talking about here?

To me, it seems that you have evidence that the work was done, and no evidence that there were any issues with it. So that would be a Letter Before Action (google it) and the small claims court. Bypass the tech chap and keep dealing with the accounts dept.