Debt Chasing Advice

NineDeuce

I am self employed. I did a job which I invoiced for in June and is now about a month overdue.

In the first instance, I was contacted by 'Company A' to do the work on behalf of 'Company B'. I have only been in contact with Company A the whole time, although I was asked by Company A to address the invoice to Company B.

As the payment is now well overdue, I am considering threatening small claims court action. Please advise in the event of this who I should prosecute given I have never had direct contact with Company B. Of course, I have email trails of all conversations and correspondence with Company A.

Also, if it comes down to court, what can I claim for? The invoice value of course, but can I claim for the cost of paying for the court appearance and also anything else for my time to attend court? Anything else?

Many thanks.

TELLIT01

If you were contracted by Company A to do the work I would presume that it is Company A who is responsible for paying the bill. They should be the ones dealing with Company B, not you.
Have you tried invoicing Company A with a letter stating that your contract is with them and you hold them liable for payment?

NineDeuce

TELLIT01 wrote: »

If you were contracted by Company A to do the work I would presume that it is Company A who is responsible for paying the bill. They should be the ones dealing with Company B, not you.
Have you tried invoicing Company A with a letter stating that your contract is with them and you hold them liable for payment?

No. As instructed I sent the invoice (addressed to Company to Company A. As I have an email instructing me to do the work from Company A, I assume this is good enough as a contract?

JCS1

Have you rang up and spoken to accounts payable about the invoice?

Comms69

What are company A - a recruitment agent?

NineDeuce

No they are not a recruitment agent, I just assume carrying out various services for Company B

Undervalued

NineDeuce wrote: »

I am self employed. I did a job which I invoiced for in June and is now about a month overdue.

In the first instance, I was contacted by 'Company A' to do the work on behalf of 'Company B'. I have only been in contact with Company A the whole time, although I was asked by Company A to address the invoice to Company B.

As the payment is now well overdue, I am considering threatening small claims court action. Please advise in the event of this who I should prosecute given I have never had direct contact with Company B. Of course, I have email trails of all conversations and correspondence with Company A.

Also, if it comes down to court, what can I claim for? The invoice value of course, but can I claim for the cost of paying for the court appearance and also anything else for my time to attend court? Anything else?

Many thanks.

Well you don't "prosecute" anybody, that relates to a criminal offence. This is a civil matter. Your claim is against whoever you had a contract with presumably Company A.

The court fee will be added to the amount you are awarded (assuming you win your case) but you are unlikely to be able to claim for your time or any legal fee should you instruct a solicitor.

steampowered

Whether your contract is with 'Company A' or 'Company B' depends on the circumstances at the start of the contract.

If it was clear at the outset that 'Company A' was acting as an agent for 'Company B', then your contract is with 'Company B'.

If that is not very clear from the paper trail, then your contract is probably with 'Company A'.

The easiest way to pursue this would be to issue a county court claim - probably against company A - through the 'moneyclaimonline' service. Very easy and not much cost.

The costs you can claim in small claims are listed here. Mainly just the court fees you have to pay, though there are a few other bits and bobs: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14