Looks like i need to send in the 'HEAVIES'....

[allthat]

Hi - Looking for advice,... I have provided my consultancy services to a company via an agency for just over two weeks, the first weeks invoice they paid me, the second and third they haven't! I rang them, emailed them, always they state it will be tomorrow or at the end of the week.
Anyway they failed on this promise (even got it in an email) and in due course I sent them via email a 14 day letter before action. The time is up and they have not paid these two invoices.
Now I know they have messed around another consultant and left him in dept, telling him that they would file a counter claim and make up a story if they have to!!.... so my question is do I cut out the Money Claim Online bit and just send in some 'heavies' as I don't wish to be going back and forth wasting time with their made up defence!
Just out of interest..... what percentage/costs do Dept Collectors charge, the agency's office is in Liverpool.
Thanks.

 

[The Byre]

You take them to a small claims court first.

All you have right now, is a claim, they may have a counter claim (albeit somewhat bogus!) What you need is title to that claim. i.e. a judgement that can be enforced.

Then you ask here again about suitable means of enforcement.

 

[TheGaffer]

I may be able to help if you want to PM me some details about the nature of the work, the value of the invoice and how long overdue payment is

 

[STDFR33]

Who is your contract with? The company or the agency?

Who have you been chasing for payment?

 

[allthat]

The Accountancy Lab .....with the agency, I have been dealing with one of the Directors!

 

[allthat]

Don't know if this adds anything to the pot!..... On my invoices I clearly state that it is to be paid within 7 days and I have the right to charge interest at 8% above the bank of England base rate.
Also the fact that I have an email from the Director saying payment will be made on a certain date! ??

 

[STDFR33]

The Accountancy Lab .....with the agency, I have been dealing with one of the Directors!

And is it the agency you have been chasing for payment?

 

[allthat]

Yes, that's right.

 

[STDFR33]

Yes, that's right.

I would download the claim forms, complete them and take a copy.

Send them a copy of the claim forms and say that if you don't have money in your account by the end of the week, you'll be submitting them.

Dean @ @smallclaimsassistance may be able to give the strict legal advice, and you may wish to engage him to help you (he's very knowledgable).

 

[allthat]

Thanks for advice.

 

[obscure]

.....telling him that they would file a counter claim and make up a story if they have to!!....

This is an incredibly common tactic to get out of paying. Companies threaten (and it is just an empty threat) to counter sue for something made up. It happened to a friend of mine who was a software developer. He got really worried when they threatened him. He called his lawyer and she literally laughed (at his evil client's stupid behavior) and reassured him that this was a common ploy that the court can easily see through.

 

[allthat]

Thanks obscure.... I am filling out the claim forms now.

 

[DavidWH]

Mention the defendant has made promises to pay & failed to honour them, in the claim.

Should they counter claim, and you produce an email of them promising payment, it will be harder for them argue an issue with your service/product.

 

[allthat]

DavidWH ... will do, thanks.

 

[CW Legal Services]

Heavies don't exist, except in the movies. No win no fee debt recovery is a good route and most companies offer a free consultation. Ultimately you will fund the court action, but they will help you get paid faster and preclude errors in law. You will pay a percentage of the fee recovered, so you get say 80-85% of something as opposed to 100% of nothing.

 

[Dan Shaw]

File a claim. Are they Limited or Sole Trader/Partnership?..... it is very easy and low cost to up a County Court Judgement into the High Court if they decide to ignore you. That gives High Court Enforcement Officers much greater powers, in most cases you can recover the money due once HCEO's get involved, they have much greater powers inc. breaking into commercial/office/shop premises..... Be sure to update.....

 

[Lovetts Solicitors]

Agree with what others have said here that it's likely you'll need to end up filing a Claim. You can do this yourself through Money Claim Online - it's a pretty straightforward system, although do take a bit of care over the particulars of claim as it's quite important to make sure they are clear and concise. Various people on this group may be able to help you with those if necessary.

You could try sending a solicitors letter first - they may have ignored your letter thinking you weren't serious, but often a letter from a solicitor will make them sit up and realise you aren't going away. We've found our letters typically get payment in about 80-85% of cases without the need for further action.

Threats of a counter-claim are often a tactic but they can't be completely ignored - if they counter-claim and you just ignore it you will end up with a judgment against you. Having said that if the counter-claim is clearly spurious and you've got clear evidence to show that, then it may be suitable for summary judgment which is where the judge will decide the matter on paper without the need for a full hearing. But as mentioned by others above, it's unlikely they would actually counter-claim - it's far more likely to just be a threat.

 

[Dan Shaw]

You could try sending a solicitors letter first - they may have ignored your letter thinking you weren't serious, but often a letter from a solicitor will make them sit up and realise you aren't going away. We've found our letters typically get payment in about 80-85% of cases without the need for further action.
.

Spending for any small business can be a big issue but there are some cases where getting some outside help in is the way to go IMO