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View Full Version : Advice on an Unpaid Invoice Please?!!


ClarryUK
10-07-2007, 04:35 PM
Hi - I'm new here and found this forum whilst looking for advice on what to do for an unpaid invoice.

This is work I did for a photographer some 4 months ago, but after doing the work, I didn't hear from him for about 2 months.

Then I sent an invoice for the work, as I'd given up waiting for it to be approved/signed off etc and then I did some research into him and discoverdd he is a bit dodgy and has something of a reputation for late payments/owing money etc.

So, I then sent a "Notice of Intention to Initiate Court Proceedings" letter, telling him that he had 30 days to pay the invoice (the invoice also stated 30 days on it), otherwise I would use the County Court to recover the debt.

He then replied by email saying that he hasn't paid me yet because his client haven't paid him yet, and his are having a reshuffle in their company, with possible redundancies, so the job's been put on hold for a while, and that he'd ring me when he'd spoken to them the following week, which he didn't.

So, now the 30 days is up, I'm looking into initiating a Small Claim in the county court against him.

A friend (also self-employed) told me that his explanation of not having been paid by his client yet, is irrelevant, as the contract of my work was between me and him, and nowhere was it stated that my getting paid was dependant on him getting paid.

I hope this is true for my case to succeed.

Also, I've seen on ta thread here that someone suggested that you "go for the CCJ" straight away.

What does this mean? Is this different from just commencing the claim in the County Court?

I want to do all I can to make this case succeed, and as I see it, I have a definite case, but don't want the photographer to be able to weedle out of it.

Any advice would be greatly appreciated.

Thanks.

C

RichardJohn
10-07-2007, 04:37 PM
Your friend is right, he can't not pay you because a client hasn't paid him - that's a risk people who subcontract run.

I'd initiate a claim straight away - you can do it online now.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

It'll take longer than usual due to people claiming bank charges clogging up the courts, though.

ClarryUK
10-07-2007, 04:51 PM
Originally posted by RichardJohn
Your friend is right, he can't not pay you because a client hasn't paid him - that's a risk people who subcontract run.

I'd initiate a claim straight away - you can do it online now.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

It'll take longer than usual due to people claiming bank charges clogging up the courts, though.


Thanks Richard. I will do that straight away!

Is it better to do it online, through the moneyclaim site, or through the post to my local County Court?

Does it make any difference to how it's handled?

Also, if I do post the form, do I need to enclose any papers, eg copy of the invoice, copies of letters between myself and my client, etc? Or is that all irrelevant and surplus at this stage?