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Limited company unpaid invoice

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135

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  • Grumpy_chap
    Grumpy_chap Posts: 18,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 15 April at 11:26AM
    xyz111 said:
    Hi
    I am a contractor and when delivering contract was not asked to provide the professional indemnity cover etc so did not have to buy the insurance.
    Now I have a payment dispute with client, could I buy a contractor cover for legal expenses on retrospective basis. thanks
    Not now - in the same way as you cannot buy home cover for an event that occurred yesterday.

    A PI policy would not cover a payment dispute with a Client, though would be retroactive back to when the first policy was in force.

  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 15 April at 11:26AM
    xyz111 said:
    Hi
    I am a contractor and when delivering contract was not asked to provide the professional indemnity cover etc so did not have to buy the insurance.
    Now I have a payment dispute with client, could I buy a contractor cover for legal expenses on retrospective basis. thanks
    Whats the dispute?

    PI cover is retrospective but only for claims that you are unaware of at the time of purchasing it, if they have already stated that they are withholding payment due to a problem with your work then tis too late. 

    LE cover, thats cross sold on PI cover is not retrospective, so if its just they are being slow at paying you without any good reason then its also too late. 

    You can't bet on a horse race thats already been run.
  • xyz111
    xyz111 Posts: 206 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    edited 15 April at 11:26AM
    i have legal expense cover with my car insurance.
    also, i have not logged he case with court yet. No formal action has been taken yet.
    they are withholding timesheets but that's just a knowledge rather I have taken any actions against it.
  • Bookworm225
    Bookworm225 Posts: 393 Forumite
    100 Posts Name Dropper
    edited 15 April at 11:26AM
    xyz111 said:
    i have legal expense cover with my car insurance.
    also, i have not logged he case with court yet. No formal action has been taken yet.
    they are withholding timesheets but that's just a knowledge rather I have taken any actions against it.
    you need to pay more attention to understanding what you are buying 

    Legal cover on motor policy usually only covers motoring related claims, not any conceivable legal claim on unrelated matters. 
    Legal cover on household might be a bit wider, but you would need to read the T&C to confirm if it covers for a commercial dispute (unlikely IMO) 

    do you really think an insurance company is not going to look at the time line of your claim (if there is enough money at stake)?
    buy policy today
    put in claim tomorrow
    claim relates to unpaid timesheets from last month
    norm for paying is 1 week
    timesheets now 3 weeks overdue were a pre-existing issue at time you took the policy
    claim denied (and they may even cancel the policy as attempted fraud and that will crucify you for any future insurance)
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 15 April at 11:26AM
    xyz111 said:
    i have legal expense cover with my car insurance.
    also, i have not logged he case with court yet. No formal action has been taken yet.
    they are withholding timesheets but that's just a knowledge rather I have taken any actions against it.
    Insurers write LE so they are product specific, ie motor LE only covered uninsured losses in relation to motor accidents. The only common slight exception is Home which often provides a general advice line on most legal matters, however when it comes to claims its narrowed back down to property disputes, consumer law, injury and employment (typically)
  • xyz111
    xyz111 Posts: 206 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    edited 15 April at 11:26AM
    how do I win it.. i am thinking just sending them court notice without solicitor..

  • Bookworm225
    Bookworm225 Posts: 393 Forumite
    100 Posts Name Dropper
    edited 15 April at 11:26AM
    xyz111 said:
    how do I win it.. i am thinking just sending them court notice without solicitor..

    lots of places explain the process, all you need do is read them. Here are 2 to get you started
     
    What is the commercial debt recovery process in the UK?

    Make a court claim for money: What a court claim is - GOV.UK
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 15 April at 11:26AM
    xyz111 said:
    how do I win it.. i am thinking just sending them court notice without solicitor..
    Depends on the problem
  • xyz111
    xyz111 Posts: 206 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    edited 15 April at 11:26AM
    i did the work. client can use this work to get paid.
    why they are not paying me.  
    I am trying to find cheapest way forward. The solicitors are charging huge.
    Its frustrating that I did the hard work and not getting paid for it... 
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 15 April at 11:26AM
    Continue your old thread rather than starting a new one on the same issue 

    https://forums.moneysavingexpert.com/discussion/6599578/limited-company-unpaid-invoice


    The matter remains the same, along with the questions you didnt clearly answer on that thread. Normal model with an agency in the middle is you contract with the agency, the agency pays you £X per hour on the signed off timesheets from the end client. You got 40 hours signed off but claim to have actually done 50 hours. The agency paid you the 40 hours inline with the contract. 

    The time for action was when you first couldn't get a 50 hour timesheet signed, having continued to submit timesheets for 40 hours and be paid for 40 hours is fairly damned close to acceptance.

    What breach of contract have the agency actually made?

    Ultimately you send a letter before claim giving them a reasonable amount of time to pay you what you claim to be owed (eg 21 days) and then submit a money claim online if they dont respond in time and pay the fees but based on the limited information provided you are just going to be burning costs and potentially getting yourself a very bad reference the next time you need employment. 
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