Limited company unpaid invoice

xyz111

appreciate you directions.. 
I wanted to check about cheapest way to get legal help on the matter and deemed as appropriate to start a new thread. I was asked about the details so I included it, but yes its the same matter.

I was never asked to work 40/ 50 hours. I was asked to keep timesheets to those hours. I kept working the projects as they were demanded. My commitment was meant to be minimum for 40 hours, which I met. The breach of contract is from client which is that they are not paying..

xyz111

i can not let this go .. i did all hard work and that will be unpaid now..
i do not need their reference, I just need the money which I earned delivering the work.
I can try mediation services, which is for less than 10k and then talk whole matter within that conversation for remaining payment.
I can not buy retrospective insurance that would cover legal costs.
I am searching for no-win-no-fee solicitors but seems that is a rarity.
I am thinking about pursuing this matter without solicitor but find this risky as other side could manipulate me.

I can use some good advise.

DullGreyGuy

There is exceptionally little free legal advice available for companies and after the incident is too late for insurance. 

If the claim is over £10,000 then its going to go into a higher track of the court than small track and so legal costs would be recoverable however that also means if you lose then you have to pay their legal costs so its double edged. 

In principle you could see if a debt collection agency would take it on on a no win, no fee basis but you'll be giving up 20% or more if they do recover. The fact its disputed will potentially put many off or require a higher fee. If the case requires litigation then the structure is often different. 

Grumpy_chap

DullGreyGuy said:

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. 

Does the OP have a contract based on a day rate (of 8 hours) or hourly rate with total hours per week uncapped?

xyz111

its hourly rate contract..
within contract, I was expected to provide or be available for a minimum of 40 hours per week.. 

Any other suggestions.. I have all proofs of work completed.. the projects I was delivering, their project managers had no complains against me and they will gladly approve the hours I claim.. its my client who's being rude and unfair..

Grumpy_chap

It is quite unusual to have an hourly rate contract with an uncapped number of hours per week.  That would leave the Client exposed to an unbudgeted expense line.  What risk are you taking within the contract?  Are you inside or outside IR35?

Bookworm225

xyz111 said:

its hourly rate contract..
within contract, I was expected to provide or be available for a minimum of 40 hours per week.. 

Any other suggestions.. I have all proofs of work completed.. the projects I was delivering, their project managers had no complains against me and they will gladly approve the hours I claim.. its my client who's being rude and unfair..

simple question you have not answered yet

what does the contract say if you do more than 40 hours?
= it says nothing (ie uncapped)
- is says only 40 hours will be paid (it is capped)

xyz111

nothing .. hours are not capped
i am claiming hours for multiple projects and cumulative hours for each project amount to less than £10k therefore I could multiple small court claims totalling full amount to be claimed..

DullGreyGuy

Bookworm225 said:

xyz111 said:

its hourly rate contract..
within contract, I was expected to provide or be available for a minimum of 40 hours per week.. 

Any other suggestions.. I have all proofs of work completed.. the projects I was delivering, their project managers had no complains against me and they will gladly approve the hours I claim.. its my client who's being rude and unfair..

simple question you have not answered yet

what does the contract say if you do more than 40 hours?
= it says nothing (ie uncapped)
- is says only 40 hours will be paid (it is capped)

What we didnt get to the bottom of on the other thread was why only 40 hours were entered into and signed off by the client. If it was a software issue then why wasnt it raised with the agency, if it was a client issue saying they won't pay more than 40 hours so refused to sign off higher timesheets then why wasnt it raised and why did they continue to work more hours knowing they wouldnt be paid for the excess?

xyz111

i got the work, I worked the work, and I agreed to getting paid for it piecemeal (40 hours per week) but at the end of the contract all work done must be paid. 
I will split invoices to per project and all hours per project make less than 10k therefore I can take all projects small court individually.