Overdue debt

[God71]

Hi
We have approximately 15 outstanding invoices for services we supplied, these invoices are from 2012 to end of 2013 and total about £25,000. We have chased the invoices and the company that owes are still trading. I called today and was told that 2 of the jobs both a year old have issues with them but have never had this in writing and was then told that the company has taken legal advice and has been advised not to pay any of our outstanding invoices until the other issues have been solved. I believe the term used was offsetting the debt. Can this be done.

Thanks

 

[TrafficGenerationSecrets]

The best way forward is to agree to whatever they say, get as much money as you can out of them, and then take the matter to the Small Claims Court which is a very easy process to recover outstanding amounts. I am pretty sure the limit covers > £25,000 through the on-line county court in https://www.moneyclaim.gov.uk/web/mcol/welcome

Its not up to them to decide what to pay, let the court decide.

 

[GRDCredit]

Why has it taken this long to chase!

Anyway - the practical solution is to issue a formal demand for payment of the whole balance and then push on with proceedings if you get no response. It is all very well them withholding payment due to query/dispute but they have to give yo a fighting chance of resolving!

If you get a response your action will depend on whether the dispute is valid or not!

 

[God71]

We have chased payment for months, all but 3 of the jobs they are not happy with, one of them we have already been back and snagged now they are saying the whole job is wrong. They are holding all of the money from all of the invoices because of the 3 they are disputing. I do not mind them holding the money for the jobs we are fighting over but to hold all of it back

 

[Geoff T]

The best way forward is to agree to whatever they say, get as much money as you can out of them,

rubbish advice - doing this would blow the rest of the OP's case

 

[kulture]

They are giving you the run-around because you have shown weakness. Do NOT agree with anything they say just to get some money. Its time to get hard with them and grow a backbone in the process. Say you want payment in full for all jobs completed with no dispute. Say that for those they dispute you want a full list of "defects" that they claim and you want it within 7 days (they have had long enough). Say that if you do not get both of these things you will take them to court. Indeed for this size debt I would consider a winding up order.

 

[Paul_Rosser]

What does your contract with them say? Does it give a timescale for them to advise of any issues?

 

[Geoff T]

OP - IMO you're holding something back here... my gut tells me there's more to this... if you want cr@p advice - give us cr@p info... GRD will give good advice if he knows what he's walking into... on the face of it you've got money to chase...

but for me I wouldn't touch this till I knew the full SP... know what I mean?!

 

[Geoff T]

They are giving you the run-around because you have shown weakness. Do NOT agree with anything they say just to get some money. Its time to get hard with them and grow a backbone in the process. Say you want payment in full for all jobs completed with no dispute. Say that for those they dispute you want a full list of "defects" that they claim and you want it within 7 days (they have had long enough). Say that if you do not get both of these things you will take them to court. Indeed for this size debt I would consider a winding up order.

Growing a back bone can't ignore the legalities... how do you know that offset wasn't covered in the terms of the agreement for the work done?

 

[Geoff T]

What does your contract with them say? Does it give a timescale for them to advise of any issues?

MUCH MORE to the point...

 

[Paul_Rosser]

MUCH MORE to the point...

Thanks....I think

 

[simon field]

OP are you still doing work for this lot?

 

[Geoff T]

Thanks....I think

Should thank me - most pertinent question there - based on info provided to that point...

 

[Paul_Rosser]

Seemed like the obvious thing to ask, but will have to wait for the OP to confirm if there is a contract and what's actually in it.

 

[God71]

We stopped working for them in December, we also had goods on order for them and he threatened that if the work was not done by Xmas the main contractor would cancel the order..so I cancelled it for them but still footed the bill for the goods. @ Geoff t I am being honest, we have worked for them since 2008 and have always struggled to get money from them but they came up with it in the end that is why we generally did not really hassle them to much, but recently we have had a few companies go into administration owing us about £30'000 so it was time to do some serious chasing and that was the reply I got

 

[Neil Bowler]

Paul Rosser is correct - the key point is what is stated in the contract.

You mention that you have always struggled to get payment from them, but well in excess of a year seems ludicrous. How sure are you that the Company is still solvent?