Freelance work and not being paid

Pay_me

Hi,

I'm relatively new to the freelance world and have hit a problem.......not being paid!!

I have completed some work for a company (Ltd company) for a total of £120. I submitted my invoice the day later and asked for confirmation that they received it and got no reply. I waited a few days and sent another email and again no reply, I sent the guy a text ... you guessed it no reply, waited a further 10 days and sent another email and agin no reply. So I just waited and we have now gone over the agreed 30 day payment terms. Sent them an overdue payment reminder the other day and still no response.

The company I worked for are advertising at the moment for more freelancers to work at short notice this weekend etc.

Anyone have any advice on how I can get my money. £120 isn't much to some but it really throws me out.

The perils of freelance working!!

Savvy_Sue

Pick up the phone?

Send a Letter Before Action (google it) and go to the Small Claims Court.

Pay_me

Savvy_Sue wrote: »

Pick up the phone?

Send a Letter Before Action (google it) and go to the Small Claims Court.

I have, I left an answer phone message as recently as yesterday, when I call I seem to just get their voice mail.

I will compile a letter tomorrow and send it recorded delivery and via email.

Undervalued

Pay_me wrote: »

I have, I left an answer phone message as recently as yesterday, when I call I seem to just get their voice mail.

I will compile a letter tomorrow and send it recorded delivery and via email.

There is no actual need to use recorded delivery as, in English civil law, a correctly addressed letter is presumed to have been delivered. Do get a certificate of posting (which is free).

With dodgy firms using recorded delivery can be counter productive as they may well refuse to accept such letters.

It may also be worth calling from a number they wouldn't recognise.

NutWorld

Pay_me wrote: »

...
The company I worked for are advertising at the moment for more freelancers to work at short notice this weekend etc....

Pay_me wrote: »

I have, I left an answer phone message as recently as yesterday, when I call I seem to just get their voice mail.
...

Call again, disguise your voice and leave a voice message for them to call you back urgently as you are a freelancer available and willing to work for them this weekend.

Then when they call you back ... well you know what to do :cool:

NutWorld

Undervalued wrote: »

...

With dodgy firms using recorded delivery can be counter productive as they may well refuse to accept such letters.

...

Then it will be returned to the poster marked as such, which can also be used in damning evidence later if necessary

NutWorld

Pay_me wrote: »

...
Anyone have any advice on how I can get my money. £120 isn't much to some but it really throws me out.
...

Too late for this particular amount, but in future, do not offer credit unless you have previously fully checked out the creditworthiness of the proposed creditor and feel you are sure they will pay you.

Pay_me

NutWorld wrote: »

Too late for this particular amount, but in future, do not offer credit unless you have previously fully checked out the creditworthiness of the proposed creditor and feel you are sure they will pay you.

Unfortunately, none of the companies I have worked for will pay upfront. The terms they all state is invoice on completion and payment within 30 days.

However, I have worked for 5 different businesses since the above but they have all paid within a few days of submitting the invoice.

I work in a very specific sector with a friendly and connected freelance community. Checking on the forums this company has a hit and miss reputation.

Undervalued

NutWorld wrote: »

Then it will be returned to the poster marked as such, which can also be used in damning evidence later if necessary

Hardly "damning evidence"!

Recorded delivery, apart from being expensive, doesn't prove anything like as much as most people fondly believe.

At best is shows that something was accepted by somebody at a particular address. So, in a building with a number of businesses it doesn't prove it got to the addressee. It is not unknown for a postman to "helpfully" put a squiggle on their device and put it through a letterbox.

Following a dispute with a supplier, a small business I dealt with regularly "signed" for all deliveries as M Mouse or B Bunny. It was never ever questioned!

Equally it doesn't prove what was sent. It could have been an empty envelope!

In any civil case in the UK the defendant will have an uphill battle, on the balance of probabilities, to convince a judge that an item of correctly addressed mail wasn't delivered.

NutWorld

Undervalued wrote: »

Hardly "damning evidence"!

Well I would say it is.
So on that we will have to agree to disagree

Undervalued wrote: »

Recorded delivery, apart from being expensive, doesn't prove anything like as much as most people fondly believe.

Recorded delivery, now known as 'Signed for' proves just that; that the item was signed for by someone at the intended address, or on occassions where there was no reply at the intended address, perhaps by a neighbour who accepted the item on behalf of the intended recipient - the receipt would be so marked.

Or in your previous example, that an item was attempted to be delivered at the intended address, but that the item was actively refused to be accepted their by an occupant. Hence 'damning evidence'

Furthermore, the service is far from expensive. A first class letter will cost at least 70p to send. For an additional £1.20 a signature on delivery can be requested.

Undervalued wrote: »

At best is shows that something was accepted by somebody at a particular address. So, in a building with a number of businesses it doesn't prove it got to the addressee.

There we go, daming evidence that the item was delivered to the address specified ... or in your previous example, was actively refused to be accepted at someone at the address. 'Damning evidence' indeed

Undervalued wrote: »

It is not unknown for a postman to "helpfully" put a squiggle on their device and put it through a letterbox.

That possibility cannot be ruled out entirely, as there are rougues amongst us all, and in any organisation as big as Royal Mail, they will have the odd rotten apple. But if you have any evidence of thios happening, you should report the matter to Royal Mail. It is fraud, plain and simple, and the lying, cheating employee will probably face immediate dismissal. No employer will want to continue to employ anyone who will happily commit fraud than do the job they are paid to do.
Furthermore, such 'rotten apple' employees only serve to reflect badly on Royal Mail, who could themselves face action for breach of contract. The customer has paid Royal Mail to obtain a signature from the receiving person at the address specified (or such other address that may be suitable), not for the employee to sign it.

Undervalued wrote: »

Following a dispute with a supplier, a small business I dealt with regularly "signed" for all deliveries as M Mouse or B Bunny. It was never ever questioned!

So you have taken advantage of the benefits of using the service yourself?
You should be aware that a persons signature can be anything they want it to be; it can even be a simple X if appropriate.

Undervalued wrote: »

Equally it doesn't prove what was sent. It could have been an empty envelope!

Surely, that argument is equally valid if you were hoping to rely simply upon a proof of postage. It will not prove what was posted, only that something was posted!:cool:

However, where a proof of delivery is purchased, and someone needs to sign to receive the item, then if, as per your previous post, the person at the address actively refuses to sign, then that will be recorded as such. 'Damning evidence', as I say! (and you do not agree with)

Undervalued wrote: »

In any civil case in the UK the defendant will have an uphill battle, on the balance of probabilities, to convince a judge that an item of correctly addressed mail wasn't delivered.

I don't know what evidence you have to support such statement, but based on the many, many posts on this site alone of people with CCJs who go onto apply for such CCJ to be struck out on the basis they never received the original claim, I 'm not sure I would agree with you.

Now if, as per your previous example, you had a receipt that actively showed a delivery was attempted, but was denied by an occupant, that would be 'damning evidence' indeed.

motorguy

NutWorld wrote: »

Then it will be returned to the poster marked as such, which can also be used in damning evidence later if necessary

The trick is not to use one source.

• Post a copy via recorded delivery
• Post another in a different envelope style with the address handwritten. Get a proof of posting
• Send an attached copy of the letter via email.