Chasing a 5 year old invoice, is it possible?

[Kraftdg]

OK, so just over 5 years ago i invoiced a company as i was paid a design percentage on succesful projects, my commission for a project in Oman would have been around £14k , i was told the job fell though after they were comitted to another job in qatar. i found out today from a retired director he has an email from the company director stating that jobs were renamed qatar incase i questioned it, in fact the OMan job was alive and well, his email states to change the labels on the finished goods pallets in case i called in to check, the other director will make a statement, now this as well as being fraud is completley immoral, luckily, at that time i didnt need the cash, i didnt investigate any further, now armed with this information what should i do? just ask for the moneyh or is it more serious? i still have the written contract regarding commission. i was freelance then. tia

 

[MBE2017]

First due to the lengths your old client has gone too, it sounds doubtful they will make things any easier now. I would get the ex directors statement and a copy of the emails if possible and consult a lawyer. These bits of information plus a copy of your contract at the time will help decide your next steps.

People often say they will provide proof, often to disappoint when you ask.

 

[Kraftdg]

yeah, i thought that, the old director, the straight one has emailed the statement and forwarded the old email where the MD makes me look like an idiot as i even sent him a credit note and apology after thinking the job had fell through, which doubly shows his intent, i think i will speak to a solicitor but i think its now more of a criminal follow up due to the fraud act 2006 and misrepresentation etc.. well thats what i'm told,so approaching him and asking for my money , and he has a great deal, plus interest has now lost its sparkle, if its possible i'd rather him in the back of a panda, for the younger folk thats a police car

 

[Newchodge]

yeah, i thought that, the old director, the straight one has emailed the statement and forwarded the old email where the MD makes me look like an idiot as i even sent him a credit note and apology after thinking the job had fell through, which doubly shows his intent, i think i will speak to a solicitor but i think its now more of a criminal follow up due to the fraud act 2006 and misrepresentation etc.. well thats what i'm told,so approaching him and asking for my money , and he has a great deal, plus interest has now lost its sparkle, if its possible i'd rather him in the back of a panda, for the younger folk thats a police car

Start with a lawyer. The police won't be interested at this stage.

 

[Kraftdg]

Start with a lawyer. The police won't be interested at this stage.

Thank you, yes, i understand the police wont know what law is being broken i guess,, im finding out a real can or worms with this guy, wow you think you know someone, oh my. a massive due dillegence failure on my part.

 

[MBE2017]

Fraud is notoriously hard to prove, and I would guess very expensive in legal fees.

It might be hard to swallow, but getting your payment, plus interest for late payment might be your best option.

 

[Mark T Jones]

Your post mentions Oman - was the customer a IK business or an Oman business?

Personally, as an opening shot I'd send an invoice stating that you've been made aware that the project was completed so payment is now due.

The response to that will inform further action

 

[WaveJumper]

I would go with @Mark T Jones suggestion in the first instance. Yes gather all your evidence together in the meantime, but its a big but going legal even if they are based in Uk it is probably going to cost you more than you want to recover.

 

[The Byre]

The OP should first gather all relevant evidence related to the work he completed and the payment agreement, including the invoice, email communications, and any other documentation related to the project. Ask the retired director to provide a written statement detailing what they know about the situation - and anybody else who is prepared to spill the beans.

Armed with as much evidence as possible, the OP must get a lawyer to represent him. Letters from lawyers show that the OP means business.

The lawyer will then contact the company and request payment for the work that was completed, citing the evidence gathered. If the company refuses to pay and the evidence is strong enough, legal action should follow.

Simples!

 

[Lisa Thomas]

I believe a UK debt does not become statute barred until after 6 years in the UK. I don't know what the rules are in Oman. Maybe ask on an Oman forum.

 

[Paul Kelly ICHYB]

As always, start with the contract. As already mentioned, was it a UK one?

 

[NicoJ]

I agree with the legal advice route, I would have assumed (perhaps wrongly as no-one else has mentioned it) that by issuing a credit note you have agreed that the debt is no longer owed.

 

[Mark T Jones]

I agree with the legal advice route, I would have assumed (perhaps wrongly as no-one else has mentioned it) that by issuing a credit note you have agreed that the debt is no longer owed.

Not really - you have invalidated that particular invoice, not the debt itself.

 

[Daybooks]

Was the “retired director” a director of the Company you invoiced at the time you invoiced? If so is there not complicity here?
Good luck.

 

[Kraftdg]

I believe a UK debt does not become statute barred until after 6 years in the UK. I don't know what the rules are in Oman. Maybe ask on an Oman forum.

Uk business,uk companies, just happens the goods were shipped there to a third party.

 

[Kraftdg]

Was the “retired director” a director of the Company you invoiced at the time you invoiced? If so is there not complicity here?
Good luck.

yes, he was production director and and wasnt aware at the time of the 'contract' i had with the MD, but also i did a few jobs that worked well, he didnt get into the finacials at all.

 

[Kraftdg]

Not really - you have invalidated that particular invoice, not the debt itself.

no, i was told the job was cancelled and i had jumped the gun in invoicing, i had no reason to distrust them. i thought it was my mistake

 

[Kraftdg]

As always, start with the contract. As already mentioned, was it a UK one?

yep, contract uk , shipped goods to Oman but destination coulod have been anywhere, 'on completion of manufacturing' is how my 4% was calculated.

 

[Kraftdg]

The OP should first gather all relevant evidence related to the work he completed and the payment agreement, including the invoice, email communications, and any other documentation related to the project. Ask the retired director to provide a written statement detailing what they know about the situation - and anybody else who is prepared to spill the beans.

Armed with as much evidence as possible, the OP must get a lawyer to represent him. Letters from lawyers show that the OP means business.

The lawyer will then contact the company and request payment for the work that was completed, citing the evidence gathered. If the company refuses to pay and the evidence is strong enough, legal action should follow.

Simples!

yes, that is my appointment for tomorrow, first indications it will be an easy affair, i have everything now document wise, however, Civil laws and criminal laws are apparent here, i need to get my money first and then if i can throw the weasel to the dogs.

 

[Kraftdg]

Thanks for your replies everyone. Sitting here with a busted ankle and having to take time of work and catch up on old paperwork and contacts has really been an eyeopener this last two weeks, you work 7 days a week and forget to stop and and take stock, easy done but i'm finding historic misdoings everywhere i look.

 

[Daybooks]

yes, he was production director and and wasnt aware at the time of the 'contract' i had with the MD, but also i did a few jobs that worked well, he didnt get into the finacials at all.

There is no hierarchy of directors. As a director, at the time he became aware there would have been a duty to address. Compare your likelihood of success today with that had he informed you when he first knew, if appropriate.
Small consolation though!

 

[Bob Morgan]

I stopped working for Middle Eastern Clients just over 10 Years ago! The GCC Countries are still broke - But, put on a 'Smiley Face' as if the Global Financial Crisis never happened! Even with Robust Contracts, defaults have been common.

Oman, like the UAE has introduced Statutes of Limitation upon Debt. However, the law is complex and largely untested - Neither do Rules of Precedent apply. I recall limitations of 10 Years for Oman and 15 for the UAE.

 

[Kraftdg]

Ok, an update, i explained and showed the new information i had to hand and that the other director had confirmed in writing it was true and i was due the monies, so yesterday i represented an invoice for the amount plus 5%. I explained there is an obviously criminal fraud element to it as well, i have had a reply and a defence saying they never recieved any further demands or final notices, so wiped it off, which they wouldnt have done as i was told it was not a valid invoice and the job was cancelled -they even asked for a credit note, anyway, hes paying, he says, today. 5 year wait then resolved in a day. thanks folks.....

 

[Bob Morgan]

Ok, an update, i explained and showed the new information i had to hand and that the other director had confirmed in writing it was true and i was due the monies, so yesterday i represented an invoice for the amount plus 5%. I explained there is an obviously criminal fraud element to it as well, i have had a reply and a defence saying they never recieved any further demands or final notices, so wiped it off, which they wouldnt have done as i was told it was not a valid invoice and the job was cancelled -they even asked for a credit note, anyway, hes paying, he says, today. 5 year wait then resolved in a day. thanks folks.....

Believe that when the money is in your account!

 

[Kraftdg]

True Bob, but i have got at least an admission that he owes it at least, he had forgotten the lies already told i think, as they say to be a good liar you need a good memory.... on the plus side he is now in a much better position to pay. But yeah ill feel better when its in the bank, it is a case of he fears his old director more than me i think and just wouldnt want to get into an argument.

 

[Kraftdg]

*** Paid, successful conclusion , no legals needed , appreciate the help folks! I have learnt a lot about people again, every days a school day.

 

[Mark T Jones]

*** Paid, successful conclusion , no legals needed , appreciate the help folks! I have learnt a lot about people again, every days a school day.

Result!

 

[Paul Kelly ICHYB]

@Kraftdg well done.

 

[Bob Morgan]

*** Paid, successful conclusion , no legals needed , appreciate the help folks! I have learnt a lot about people again, every days a school day.

Truly remarkable!

 

[Daybooks]

Great news. Well done!

 

[MBE2017]

Thank you for the update, great news.

 

[Lisa Thomas]

Fantastic result, well done!