Contractor invoice issue - help pls

[Mickyb003]

Hi all

I wonder if any of you guys can help at all? I have an issue with monies I feel are owed to me.

I have an email from the owner of a company I have contracted to that stated I would be due an increase in day rate. Word for word it says as follows:

I think to meet in the middle - if we adjust your day rate to £175 now and update it again to £200 a day in three months and keep the commission structure as is.

This would have led to the increase starting in May this year.

Being as I just carried on working and invoiced from template I neglected to update the invoice to £200pd between May & November.

I brought this up last week & the company owner said (on email) that I should have just invoiced for payment.

I have now invoiced for the £25 per day difference for each day worked since May & she has refused to pay saying the original agreement us null & void.

How can this be? the agreement was in writing and yes, I neglected to invoice but to me it seems I am still owed the difference due to the promised increase in rate.

What do you guys think?

 

[obscure]

You're right. A contract was formed and money is owed. The fact that you forgot to invoice for the extra doesn't change that.

 

[Web Hosting UK]

If they is a contract in place between both parties and its signed to say the other party understands the terms then yes you are owed the money regardless.

 

[Newchodge]

Is this the only company you work for?

 

[Mickyb003]

If they is a contract in place between both parties and its signed to say the other party understands the terms then yes you are owed the money regardless.

Thanks for the message.

This was a promise made over email when we were negotiating a rate increase. No wet signature but my understanding is that the digital written word has the same legal obligation to it. Many agreements are made online/via email these days.

 

[Mickyb003]

Is this the only company you work for?

Hi Cyndy,

It was at the time. I handed notice of contract and have a couple of contracts I work on now.

 

[Web Hosting UK]

Thanks for the message.

This was a promise made over email when we were negotiating a rate increase. No wet signature but my understanding is that the digital written word has the same legal obligation to it. Many agreements are made online/via email these days.

Yes that's true and can also go in your favour should it ever come to court proceedings.

 

[Mickyb003]

Yes that's true and can also go in your favour should it ever come to court proceedings.

Thank you - just as I thought.

 

[Newchodge]

I would continue with your claim and also mention that you are seeking advice about a holiday pay claim, following the recent European ruling in King v Sash Windows. That may persuade them to reach an agreement with you in full and final settlement of all claims.

 

[Mickyb003]

I would continue with your claim and also mention that you are seeking advice about a holiday pay claim, following the recent European ruling in King v Sash Windows. That may persuade them to reach an agreement with you in full and final settlement of all claims.

Thank you Cyndy, that is very, very helpful!