Freelancer withholding confidential reports

[Tracey12]

Hello

I run a company that provides a service to local authorities whereby freelancers prepare confidential reports. The agreement is that the freelancers return the reports to the local authorities within a tight timeframe and then they invoice for their work.

Recently I have had one freelancer who has said that she is withholding work on the basis of having outstanding invoices, relating to work she has already completed and invoiced for. Two invoices are outstanding but not overdue. I do pay almost all invoices on time, barring one or two being a couple of days late occasionally. Payment terms are 30 days and her two outstanding invoices were produced 22 and 18 days ago, meaning payment should be made in the next 8 and 12 days. She has been quite unpleasant in her communications and does not seem to understand that invoices are always paid in arrears. This is despite her having produced work for the company for the last 1.5 years and always having receiving payments in arrears.

Regardless of the status of her invoices, she should have returned the reports several weeks ago. I have emailed today, requesting the immediate return of the work but have not had a reply. I will probably need to contact the local authority but would prefer to resolve the matter myself. Does anyone have any suggestion about the best way to proceed and do you think I shoud obtain legal advice?

Thanks very much

 

[The Sheriffs Office]

It is always better to obtain proper legal advice.

If she continues to withhold work you could issue her with a letter before action stating that you will apply for an Order for Delivery of the work through the County Court.

There would clearly be costs involved and you would have to decide from a commercial perspective whether these costs are worth it. It may be that you could also claim 'sensible' damages too.

If an Order for Delivery is granted, we can enforce this under a Writ of Delivery but clearly it is notoriously difficult when it comes to something that isn't tangible.

 

[Solicitor]

I believe if you were to go to court, you would be asking for specific performance of the contract not an order of delivery.

The commercial reality of such an application is pointless due to the time and costs involved.

I would suggest writing to the freelancer, saying you will obtain someone else to do the report and whatever this costs, you will deduct from any payments owed to her on the basis she is in breach of contract.

This is the most simple and direct way to get this resolved but it does rely on you finding another freelancer to do the work quickly.

 

[Voicebooth]

Have you thought about just paying her outstanding invoices a few days earlier than normal? It would save you all matter of hassle, assuming you want the current outstanding work to be returned in a timely manner.

Then don't bother going to her for future work.

 

[Chris Ashdown]

Most common sense suggestion, Just get this report back as soon as possible and dont tell her she is no longer on the books wait until she contacts you asking for more work and then decide if you can agree terms or let her walk the walk

 

[AG Consult]

Freelancers have a tough job with regards to getting work and payment.

If you have continually paid her late, albeit just a couple of days, she is clearly cheesed off with this and that is why she is doing it - Petty I know, but its the reality.

Just pay her the outstanding invoice, get what you need off her and then decide whether or not to continue using her in the future - I must admit, if I was a freelancer and I didn't know where my next work was coming from I would also be massively p!ssed off if people continued to pay what I was owed a few days late after having already had 30 days to make payment

This will be the most cost effective and time efficient way to resolve this and will save both you and the freelancer an awful lot of time and unnecessary stress.

 

[Tracey12]

I don't think my original post explained the situation very clearly, the payments weren't really the issue.
The difficulty is that the reports are highly sensitive and at least one is needed for court. No one else can prepare them as they were in relation to meetings that have already taken place. I think I'll get a legal consultation but thanks for everyone's suggestions anyway.

 

[AG Consult]

So is she actually saying that she will give you the reports once her invoices are paid ?

 

[Tracey12]

Thanks again, the Sheriff's Office is the best option.
And no, she hasn't been paid consistenly late, in her case very quickly.

 

[Ian J]

She has you by the short and curlies and the pragmatic approach is to just pay her in order to get the reports to your customer

 

[AG Consult]

Just pay her, get reports then cut ties with her. Theres thousands of other freelancers out there

 

[UK Contractor Accountant]

Pay the invoices and the work is released.

What's the problem here- is it just a matter of principle you are arguing over? Battle of wills, who gives in first!

Terms are within 30 days of issue of invoice NOT right on 30 days!

 

[obscure]

I assume you have already pointed out the 30 day payment terms listed in the contract/terms & conditions? If so and she won't budge then I agree with all the above posters.

It makes no sense to do anything other than pay her and then get on with running your business (and obviously don't work with her again). Getting into a long drawn out argument with someone, you are clearly never going to work with again, will just distract you from running your business. You will still end up having to pay her and she will still end up giving you the report so getting it sorted sooner is better than later (and at greater expense).

 

[soundengineeruk]

What is going to cost more paying the invoices or having to fight it?