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  • FIRST POST
    • u03ekw
    • By u03ekw 16th Apr 18, 10:42 AM
    • 117Posts
    • 7Thanks
    u03ekw
    Not being paid as a freelance expert
    • #1
    • 16th Apr 18, 10:42 AM
    Not being paid as a freelance expert 16th Apr 18 at 10:42 AM
    Hello


    I'm in this position where I have provided 5000 worth of expert professional service (I write legal reports) for a limited company that advertises my services for me and gets contracts from them. Does this mean I am subcontracted?


    So - I have interviewed many clients and written numerous reports, dating back to December last year. Still no payment from them. They say that they need to wait for the legal companies to pay them first before they can pay their experts. I have waited for 4 months and am still waiting though. 5000 is a lot of money and I could be investing this or even going on a nice holiday by now!


    Where do I stand with this? Who do I complain to? I am a bit lost. Trading standards seems inappropriate as I am not a consumer but a subcontractor. Small claims court? And if the company refuses to pay after I win - bailiffs? Anyone ever been in this annoying situation before? I have sent them a formal email to state monies owed and added statutory interest (8%+Bank of England base rate) however they replied to say they do not pay interest on any monies owed.
Page 1
    • BorisThomson
    • By BorisThomson 16th Apr 18, 10:45 AM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    • #2
    • 16th Apr 18, 10:45 AM
    • #2
    • 16th Apr 18, 10:45 AM
    What do your terms of service say about payment?
    • Jakg
    • By Jakg 16th Apr 18, 10:53 AM
    • 2,146 Posts
    • 978 Thanks
    Jakg
    • #3
    • 16th Apr 18, 10:53 AM
    • #3
    • 16th Apr 18, 10:53 AM
    Who is your contract with?
    What are the terms for payment?

    IF the above are breached, then a letter before action and then small claims court. IF you don't want to work for them every again...
    Nothing I say represents any past, present or future employer.
    • u03ekw
    • By u03ekw 16th Apr 18, 9:02 PM
    • 117 Posts
    • 7 Thanks
    u03ekw
    • #4
    • 16th Apr 18, 9:02 PM
    • #4
    • 16th Apr 18, 9:02 PM
    Thanks for the replies.

    The terms of payment in the contract are that they will pay me once they are paid by their clients who commission the reports. I was told verbally, when joining, that this would be within 2 months. But 4 months have now elapsed and I still do not see any payment.

    They claim that they have not been paid. However there is nothing in the contract that states that they can withhold payment if they are not paid by the firms who commission the reports.

    My next question would be how long would you wait for the company to be paid, so that they can pay you? 6 months? A year? If anyone has had this problem before - what was considered a reasonable length of time to wait before going further? Charge interest beyond this reasonable period?

    And if you have gone further - what did you do?
    • agrinnall
    • By agrinnall 17th Apr 18, 9:04 AM
    • 20,113 Posts
    • 15,833 Thanks
    agrinnall
    • #5
    • 17th Apr 18, 9:04 AM
    • #5
    • 17th Apr 18, 9:04 AM
    The contract that you signed says you have to wait until they are paid, without time limit, so you can't arbitrarily put your own limit on it now. If you are confident that you can prove you were told that payment would be within 2 months then you could take them to court, but unless you have independent witnesses to this I wouldn't fancy your chances of winning.
    • stator
    • By stator 17th Apr 18, 9:28 AM
    • 6,220 Posts
    • 4,106 Thanks
    stator
    • #6
    • 17th Apr 18, 9:28 AM
    • #6
    • 17th Apr 18, 9:28 AM
    Do you have the contact details of the companies you did the work for?
    Contact them and ask them if they have paid your contracting company
    Changing the world, one sarcastic comment at a time.
    • Manxman in exile
    • By Manxman in exile 17th Apr 18, 3:40 PM
    • 1,473 Posts
    • 1,116 Thanks
    Manxman in exile
    • #7
    • 17th Apr 18, 3:40 PM
    • #7
    • 17th Apr 18, 3:40 PM
    You write legal reports and you are asking on an internet forum what your legal rights are?


    What are your legal reports worth?
    • LilElvis
    • By LilElvis 17th Apr 18, 4:36 PM
    • 3,549 Posts
    • 9,756 Thanks
    LilElvis
    • #8
    • 17th Apr 18, 4:36 PM
    • #8
    • 17th Apr 18, 4:36 PM
    You write legal reports and you are asking on an internet forum what your legal rights are?


    What are your legal reports worth?
    Originally posted by Manxman in exile
    According to the OP they're worth 5,000
    • Savvy_Sue
    • By Savvy_Sue 17th Apr 18, 7:08 PM
    • 38,480 Posts
    • 35,149 Thanks
    Savvy_Sue
    • #9
    • 17th Apr 18, 7:08 PM
    • #9
    • 17th Apr 18, 7:08 PM
    To be fair, 'legal reports' can cover a very wide area. Clearly this isn't one of his specialities.
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    • Manxman in exile
    • By Manxman in exile 17th Apr 18, 7:44 PM
    • 1,473 Posts
    • 1,116 Thanks
    Manxman in exile
    According to the OP they're worth 5,000
    Originally posted by LilElvis

    Looking at the standard of grammar and English in the OP, I think 5k is optimistic.
    • Manxman in exile
    • By Manxman in exile 17th Apr 18, 7:45 PM
    • 1,473 Posts
    • 1,116 Thanks
    Manxman in exile
    To be fair, 'legal reports' can cover a very wide area. Clearly this isn't one of his specialities.
    Originally posted by Savvy_Sue

    I'd be interested to know what sort of legal reports this "freelance expert" writes.
    • TBagpuss
    • By TBagpuss 17th Apr 18, 9:15 PM
    • 6,487 Posts
    • 8,414 Thanks
    TBagpuss
    It sounds as though you are only entitled to be paid if and when they are paid.

    I'd suggest that you contact them and ask, in writing,
    1. When they sent the invoice to the client
    2. whether they have yet received payment
    3. If no, what steps they have taken to pursue this
    4. What their contract with the client says about payment
    5. When they expect to receive payment.

    How long it takes may depend a lot on the nature of report your are providing, and how it is to be used. The lawyers may need to reclaim the cost from an insurance company or from the Legal Aid board, depending on the case.
    • Mulder00
    • By Mulder00 18th Apr 18, 10:06 PM
    • 488 Posts
    • 431 Thanks
    Mulder00
    What does your contract say about terms of payment? Have you invoiced them? I think you are asking in the wrong forum as this is a commercial agreement, nothing to do with employment law.
    • KiKi
    • By KiKi 19th Apr 18, 5:56 PM
    • 4,956 Posts
    • 8,043 Thanks
    KiKi
    Your contract sounds rubbish - "you'll be paid when we're paid". You also need to know the terms of the contract with the client - because if they give the clients 4 months to pay, then that's obviously going to impact you.

    You've signed up to the T&Cs, I'm afraid, you'll have to wait for payment.
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
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