Self employed and not paid

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Maggiemagpie
Maggiemagpie Posts: 8 Forumite
in Small biz MoneySaving
I have been sub contracting to a building company as a joiner. I worked for this company for 4 months my fist 3 invoices were paid but never in the date they said it would be and I had to hassle the accounts department to get them paid. For that reason I found other work but to be polite and not burn bridges I gave a weeks notice of my finishing date.
I submitted my last invoice for Work carried out and it was not paid on the date given I hassled again and again to be told each day it’ll be in your bank later today. After a week of this I then received an email to say they will not pay as my Work is sub standard (which it isn’t) and until all my work has been inspected and my defects deducted I will receive nothing. Is this legal ? How can I fix this ?
Many Thanks
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  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
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    If work is substandard you have to be given an opportunity to rectify it, they can't just refuse to pay your invoice. They should also pay for the portion of the work that is satisfactory.

    Point out that they have had a week to inspect the work, have not found any defects to date, you dispute that any of the work is defective and that unless they pay in full within 7 days you will take them to court for the full amount plus costs and statutory interest.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Maggiemagpie
    Maggiemagpie Posts: 8 Forumite
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    I have done this and it isn’t getting me any where they are just saying they are not paying til all inspections carried out then they will make their deductions and give me what they think is right
  • Savvy_Sue
    Savvy_Sue Posts: 46,028 Forumite
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    How much are we talking about? Sometimes it's better to walk away (and let everyone you know who's likely to do similar work for this company that they may not get paid ...)
    Signature removed for peace of mind
  • Maggiemagpie
    Maggiemagpie Posts: 8 Forumite
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    £2000 it was monthly pay
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    The main contractor will be paying the contractors still on site. They won't pay you until the contract has been ok,ed. Did you not sign a contract with them and the contract will set out the payment terms and conditions.
  • Maggiemagpie
    Maggiemagpie Posts: 8 Forumite
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    No contracts given it was just week by week with monthly pay. I invoiced each month for what I did and then got paid for it.
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
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    If you don't accept that your work is defective, then you shouldn't accept any reduced payment if it eventually arrives. Which it probably won't.

    You can instruct a solicitor to write a letter before action which may well gee them up a bit, or issue them with a court action. If you don't sue them they will just continue to fob you off.

    If they do eventually pay you say £1500 you will find it much harder to prove their were no defects in your work and recover the remaining £500. At the moment they have not actually identified any defects or asked you to remedy them.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Maggiemagpie
    Maggiemagpie Posts: 8 Forumite
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    They have since sent photos with general snags but no serious defects. I have said I would go and do the snags but they have declined I have offered to have a day rate deducted for one of their joiners to do the snags but they have declined that too. Have said they are still inspecting my defects although have offered no more than the snag photos
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Owain_Moneysaver wrote: »
    If you don't accept that your work is defective, then you shouldn't accept any reduced payment if it eventually arrives. Which it probably won't.

    You can instruct a solicitor to write a letter before action which may well gee them up a bit, or issue them with a court action. If you don't sue them they will just continue to fob you off.

    If they do eventually pay you say £1500 you will find it much harder to prove their were no defects in your work and recover the remaining £500. At the moment they have not actually identified any defects or asked you to remedy them.
    Or do it yourself and save £3-600?
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
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    Comms69 wrote: »
    Or do it yourself and save £3-600?

    Yes, but they're ignoring the OP. They are less likely to ignore a solicitor's letter.
    A kind word lasts a minute, a skelped erse is sair for a day.
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