Employer has not paid me for my services - what steps do I need to take

I'm self employed (not limited company)
They've used my services and said payment will take a month to arrive. I've waited still no payment. I've chased it up with them and when I do they say it will arrive this weekend or this day but it never does. 

What steps do I need to take?

Comments

  • LinLui
    LinLui Posts: 570 Forumite
    500 Posts Name Dropper
    They aren't your employer if you are self-employed. So this is a simple case of letter before action, and if they still don't pay then you must take them to the small claims court (assuming it is a smaller claim). 
  • molerat
    molerat Posts: 34,234 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 June 2024 at 2:52PM
    They are not your "employer", they are a user of your service.  How do you claim the money for the supply of your services - an invoice ? What are the terms of the contract between you ?
    You should send a letter stating you expect the money to be paid by xxx or you will issue a claim through the courts.
  • DullGreyGuy
    DullGreyGuy Posts: 17,179 Forumite
    10,000 Posts Second Anniversary Name Dropper
    RKO1 said:
    I'm self employed (not limited company)
    They've used my services and said payment will take a month to arrive. I've waited still no payment. I've chased it up with them and when I do they say it will arrive this weekend or this day but it never does. 

    What steps do I need to take?
    Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money. 

    What is your current situation with this client? How much do you want to keep them as a client? What is the amount of overdue monies?

    What were the payment terms in your contract? Most will have at least 28 days to make payment unless you've negotiated well. 

    Ultimately you send a letter before action giving them a reasonable period to pay (7-10 days) and take the matter to the county court if they ignore it. If its over £10,000 thats owed then it may well be heard in Fast Track (or Multi-Track if over £25k) which increases the risk somewhat as representation costs start being eligible 
  • RKO1
    RKO1 Posts: 44 Forumite
    10 Posts
    RKO1 said:
    I'm self employed (not limited company)
    They've used my services and said payment will take a month to arrive. I've waited still no payment. I've chased it up with them and when I do they say it will arrive this weekend or this day but it never does. 

    What steps do I need to take?
    Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money. 

    What is your current situation with this client? How much do you want to keep them as a client? What is the amount of overdue monies?

    What were the payment terms in your contract? Most will have at least 28 days to make payment unless you've negotiated well. 

    Ultimately you send a letter before action giving them a reasonable period to pay (7-10 days) and take the matter to the county court if they ignore it. If its over £10,000 thats owed then it may well be heard in Fast Track (or Multi-Track if over £25k) which increases the risk somewhat as representation costs start being eligible 
    Amount is £2000
    I don't want to keep them as client
    Negotiated 4 weeks payment. It's now 5 weeks, when contacting - they keep stalling on payment.
    Once I give the final notice and they ignore it. How do I contact the county court?
  • RKO1
    RKO1 Posts: 44 Forumite
    10 Posts
    RKO1 said:
    RKO1 said:
    I'm self employed (not limited company)
    They've used my services and said payment will take a month to arrive. I've waited still no payment. I've chased it up with them and when I do they say it will arrive this weekend or this day but it never does. 

    What steps do I need to take?
    Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money. 

    What is your current situation with this client? How much do you want to keep them as a client? What is the amount of overdue monies?

    What were the payment terms in your contract? Most will have at least 28 days to make payment unless you've negotiated well. 

    Ultimately you send a letter before action giving them a reasonable period to pay (7-10 days) and take the matter to the county court if they ignore it. If its over £10,000 thats owed then it may well be heard in Fast Track (or Multi-Track if over £25k) which increases the risk somewhat as representation costs start being eligible 
    Amount is £2000
    I don't want to keep them as client
    Negotiated 4 weeks payment. It's now 5 weeks, when contacting - they keep stalling on payment.
    Once I give the final notice and they ignore it. How do I contact the county court?
    Also the director is not always based where I work and is based in other locations as well.

    Do I send the letter to the location I worked at? Or send it where I worked and other locations they may be working?
  • Hoenir
    Hoenir Posts: 6,572 Forumite
    1,000 Posts First Anniversary Name Dropper
    Send all communications to the one you sent the invoice to. Maintain a record of the dates that they sent. 

    You can make a County Court Claim via here. 

    https://www.gov.uk/make-court-claim-for-money


  • Marcon
    Marcon Posts: 13,681 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Combo Breaker
    RKO1 said:
    RKO1 said:
    RKO1 said:
    I'm self employed (not limited company)
    They've used my services and said payment will take a month to arrive. I've waited still no payment. I've chased it up with them and when I do they say it will arrive this weekend or this day but it never does. 

    What steps do I need to take?
    Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money. 

    What is your current situation with this client? How much do you want to keep them as a client? What is the amount of overdue monies?

    What were the payment terms in your contract? Most will have at least 28 days to make payment unless you've negotiated well. 

    Ultimately you send a letter before action giving them a reasonable period to pay (7-10 days) and take the matter to the county court if they ignore it. If its over £10,000 thats owed then it may well be heard in Fast Track (or Multi-Track if over £25k) which increases the risk somewhat as representation costs start being eligible 
    Amount is £2000
    I don't want to keep them as client
    Negotiated 4 weeks payment. It's now 5 weeks, when contacting - they keep stalling on payment.
    Once I give the final notice and they ignore it. How do I contact the county court?
    Also the director is not always based where I work and is based in other locations as well.

    Do I send the letter to the location I worked at? Or send it where I worked and other locations they may be working?
    Check two things: the exact identity of the party with whom you contracted (essential for any claim), and the address for service of notices (not the same thing as an employee 'giving notice'). Both will be in the contract I trust you have in place with them, otherwise you could find it tricky to pursue.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
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