Self Employed, having work returned 8 months later and pay refused.

Saving_S

Hi All

Any help please. I have been working self employed for the past 2 years and uptill oct last year no problems.

Since october invoices have not been paid (Stopped working in Dec). The company who Pays my invoices was putting off paying me by saying i'll get paid next week, next month, xmas eve ect, right up til 2 months ago when they said my work was being checked by an external verifier.

Oh to mention I am an NVQ assessor.

Feedback on the work has started to be recieved by others in the same position as me and they are changing the rules to avoid paying the outstanding invoices.

Just to note when the work was submitted it was done to the standards set by the accrediting body on the in house trainers. Confirmation was recieved at the time back in august-oct that the work was ok and payments will be made as normal but obviously that never happend.

The problems lay with the fact is they did not get an external Verifier but use a new internal verifier who is now saying that the standards have change since the work was submitted and now the work is invalid.

Does anyone know where we stand and can they take 8 month to check the work to tell us that the work in unacceptable?

Many thanks peeps.

InsideInsurance

If you are self employed then this is a Business 2 Business relationship and what they can and cannot do is governed by the contract you had with them.

Certainly with my clients I give them 28 days payment terms not 8 months but I cannot tell you whats in your contract

Horace

I don't see how the work can suddenly become unacceptable. If your invoices are not being paid then you need to take steps to recover the debt. You could use a company that chases debts for a proportion of the cost or you could consider using the courts.

The excuses about payment, this week, next or in a blue moon are just excuses because they either haven't got the money or just don't want to pay. If you have evidence that the work was signed off as being ok and a promise that you will be paid then you should take them to court.

Saving_S

I dont thinktaking them to court is going to be an option. All staff are self employed and use their own equipment and i dont beleive they have the physical assets to make it worth getting debt collectors involved. Im really looking more for my legal standing to make the argument to them when they say my work isnt good enough.

Does anyone know if they lagally have a time limit to return work as unsatisfactory. As i am kind of hoping that say after eg: 3 months the work is considered legally as accepted?

InsideInsurance

Saving_S wrote: »

Does anyone know if they lagally have a time limit to return work as unsatisfactory. As i am kind of hoping that say after eg: 3 months the work is considered legally as accepted?

6 years is the law of limitations under contract law (5 in Scotland) unless the contract stipulates something shorter

Saving_S

InsideInsurance wrote: »

6 years is the law of limitations under contract law (5 in Scotland) unless the contract stipulates something shorter

is that not for how long you can chase money for? Where im asking how long does a company have to check work is to standard before they can say its unacceptable.

Annisele

6 years is the general time limit for breach of contract - regardless of whether those breaches had anything to do with payment.

In this case, it sounds like you say they breached the contract because they didn't pay you, and they say you breached the contract because your work wasn't of satisfactory quality.

If they don't have enough assets to make them worth taking them to court, it sounds though you have a more fundamental problem. If they can't pay you (rather than won't pay you) then it doesn't really matter how good your work is; they can't afford to pay you.

I'd sue (or at least take legal advice with that aim). In the meantime, why are you still working for them? I wouldn't be extending any more credit in these circumstances.

bristol_pilot

Personally, I'd issue a letter before action then sue using moneyclaim online. You don't really know for sure that they can't pay and all you have to lose potentially is the court fee which is not much. I'd also not work for that 'client' again.

Savvy_Sue

Look, you're faced with a situation where it doesn't matter whether or not WE think it is reasonable or unreasonable to take 8 months and then say the work wasn't acceptable. That's what they're trying to do.

The best way to call them out on this is to follow bristol_pilot's advice and issue a letter before action (google it). That may be enough to get them to pay. If not, take it to court. You don't risk a lot by going down that road.

dktreesea

If you have something in writing from them that the work is acceptable, then this should be enough to be able to enforce payment. If the money owed is substantial, taking them to the small claims court is not expensive and may be worth your while.

InsideInsurance

Saving_S wrote: »

is that not for how long you can chase money for? Where im asking how long does a company have to check work is to standard before they can say its unacceptable.

Its the same, unless the contract says otherwise.