Unpaid Invoices Help!

[Momo1]

Hi,

I am a contractor working through my Ltd company.

I did 18 months of work for a bank on a Financial Crime project through a Consulting company through a contract which ended in March of this year.

The last two months invoices February and March have not been paid which equate to circa £11.7k (inc VAT). These are 61 and 35 days overdue respectively. There invoices have not been disputed in any way by the company.

I have been chasing the managing director of the consulting company (as he was the point of contact throughout the project and he is the one who makes the payments) via emails and phone calls. Once the first unpaid invoice was overdue I was told the company do not have money and they are waiting for it to come in. As time went on I was told I will be paid next week then the following week but I am yet to receive anything and I keep getting fed what seem to be excuses. Despite numerous requests he cannot provide me with any date I will have the money by.

I have given them ample time and opportunity to pay me what they owe me. There is no prospect of me doing any further work for them and no future business relationship to consider.

As I am in between projects I really need the money for day to day living and to tide me over.

I would greatly appreciate any help and advice in relation to next steps which would be most effective in recovering my money.

Shall I get a Credit Collection Agency involved? or shall I send a letter before action and if no joy submit a claim to the courts to MoneyClaim online.

Thank you in advance for your comments and advice

 

[KAC]

I would check them out on Companies House first (h t t p s://beta.companieshouse.gov. u k /) Remove the spaces. That way you can ensure that they are still trading.. Hopefully @smallclaimsassistance will be along soon to advise you on issuing proceedings

 

[S2K]

You may wish to send a letter before action (LBA) first. At £3 plus VAT they are very cheap, lots of solicitors offer them. They are sent with the solicitor details on and on their letterhead. They are very effective. If it doesn't work, CCJ is another option at a higher cost, I think they are at £55.

http://www.thomashiggins.com/pages/collection-process-stage-one.aspx

 

[smallclaimsassistance]

Hi Momo

I agree. You need to get a letter before action out asap, followed 14 days later by legal proceedings, if they don't pay in full. As this is a B2B contract, you are also entitled to interest and penalty payments (Late Payment of Commercial Debt Interest Act (1998).

Dean

 

[newbie909]

Many thanks for your replies and advice.

I can confirm they are still trading and have made payments recently to other workers.

I will send a letter before action via the above site. Hopefully this will get them to cough up what they owe me and if not I am happy to start legal proceedings.

In the time being will I be okay to continue emailing and calling them?

Has anyone used the Thomas Higgins site? Any feedback would be welcome.

Thanks again to you all!

 

[Newchodge]

Many thanks for your replies and advice.

I can confirm they are still trading and have made payments recently to other workers.

I will send a letter before action via the above site. Hopefully this will get them to cough up what they owe me and if not I am happy to start legal proceedings.

In the time being will I be okay to continue emailing and calling them?

Has anyone used the Thomas Higgins site? Any feedback would be welcome.

Thanks again to you all!

I would not bother continuing emails and calling - it hasn't worked so far and I think it looks as if you don't intend the legal action. Just do the LBA and follow with legal action.

 

[The Byre]

. . . and do it quickly! If there is one factor that decides if action taken will succeed or fail, it is the speed with which you take the necessary steps.