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Employer has not paid me for my services - what steps do I need to take
RKO1
Posts: 44 Forumite
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?
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?
0
Comments
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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).0
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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.0
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Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money.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?
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 eligible0 -
Amount is £2000DullGreyGuy said:
Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money.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?
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
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?0 -
Also the director is not always based where I work and is based in other locations as well.RKO1 said:
Amount is £2000DullGreyGuy said:
Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money.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?
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
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?
Do I send the letter to the location I worked at? Or send it where I worked and other locations they may be working?0 -
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
1 -
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.RKO1 said:
Also the director is not always based where I work and is based in other locations as well.RKO1 said:
Amount is £2000DullGreyGuy said:
Being self employed and saying your employer hasn't paid you is an oxymoron unless you mean you haven't given yourself money.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?
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
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?
Do I send the letter to the location I worked at? Or send it where I worked and other locations they may be working?Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0
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