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  • FIRST POST
    • Maggiemagpie
    • By Maggiemagpie 4th Mar 18, 2:33 PM
    • 8Posts
    • 0Thanks
    Maggiemagpie
    Self employed and not paid
    • #1
    • 4th Mar 18, 2:33 PM
    Self employed and not paid 4th Mar 18 at 2:33 PM
    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 itíll 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 isnít) 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
Page 1
    • Owain Moneysaver
    • By Owain Moneysaver 4th Mar 18, 3:20 PM
    • 8,048 Posts
    • 8,894 Thanks
    Owain Moneysaver
    • #2
    • 4th Mar 18, 3:20 PM
    • #2
    • 4th Mar 18, 3:20 PM
    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
    • By Maggiemagpie 4th Mar 18, 4:35 PM
    • 8 Posts
    • 0 Thanks
    Maggiemagpie
    • #3
    • 4th Mar 18, 4:35 PM
    • #3
    • 4th Mar 18, 4:35 PM
    I have done this and it isnít 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
    • By Savvy_Sue 4th Mar 18, 4:50 PM
    • 38,481 Posts
    • 35,151 Thanks
    Savvy_Sue
    • #4
    • 4th Mar 18, 4:50 PM
    • #4
    • 4th Mar 18, 4:50 PM
    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 ...)
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • Maggiemagpie
    • By Maggiemagpie 4th Mar 18, 5:42 PM
    • 8 Posts
    • 0 Thanks
    Maggiemagpie
    • #5
    • 4th Mar 18, 5:42 PM
    • #5
    • 4th Mar 18, 5:42 PM
    £2000 it was monthly pay
    • comeandgo
    • By comeandgo 4th Mar 18, 5:51 PM
    • 2,036 Posts
    • 2,784 Thanks
    comeandgo
    • #6
    • 4th Mar 18, 5:51 PM
    • #6
    • 4th Mar 18, 5:51 PM
    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
    • By Maggiemagpie 4th Mar 18, 5:57 PM
    • 8 Posts
    • 0 Thanks
    Maggiemagpie
    • #7
    • 4th Mar 18, 5:57 PM
    • #7
    • 4th Mar 18, 5:57 PM
    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
    • By Owain Moneysaver 4th Mar 18, 8:23 PM
    • 8,048 Posts
    • 8,894 Thanks
    Owain Moneysaver
    • #8
    • 4th Mar 18, 8:23 PM
    • #8
    • 4th Mar 18, 8:23 PM
    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
    • By Maggiemagpie 4th Mar 18, 8:40 PM
    • 8 Posts
    • 0 Thanks
    Maggiemagpie
    • #9
    • 4th Mar 18, 8:40 PM
    • #9
    • 4th Mar 18, 8:40 PM
    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
    • By Comms69 5th Mar 18, 12:22 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    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.
    Originally posted by Owain Moneysaver
    Or do it yourself and save £3-600?
    • Owain Moneysaver
    • By Owain Moneysaver 5th Mar 18, 1:17 PM
    • 8,048 Posts
    • 8,894 Thanks
    Owain Moneysaver
    Or do it yourself and save £3-600?
    Originally posted by Comms69
    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.
    • Comms69
    • By Comms69 5th Mar 18, 1:25 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    Yes, but they're ignoring the OP. They are less likely to ignore a solicitor's letter.
    Originally posted by Owain Moneysaver
    Uhm no?


    I would treat any LBA the same. An LBA is just part of the pre-action protocol.


    I would in fact argue that receiving one from a solicitor would simply bring a smile to a rogue debtor. Knowing that cost is totally unrecoverable.
    • Maggiemagpie
    • By Maggiemagpie 5th Mar 18, 4:18 PM
    • 8 Posts
    • 0 Thanks
    Maggiemagpie
    I have sent LBA they just replied with no payment will be made until all worked signed off by the client and deductions made for defects. So I!!!8217;m guessing my only option is small claims court
    • Comms69
    • By Comms69 5th Mar 18, 4:22 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    I have sent LBA they just replied with no payment will be made until all worked signed off by the client and deductions made for defects. So I!!!8217;m guessing my only option is small claims court
    Originally posted by Maggiemagpie
    Well that is what you do if no payment is forthcoming.
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