Constant late payment

[cottonfoo]

Hello,

I've found myself in the annoying situation of constant non/late payment. I've since finished the contract but they still owe me in the region of 15 grand (yes).

They do pay up _eventually_ but I constantly have to badger them, something I shouldn't have to do.

Whenever I query a missing invoice I'm told they "didn't get it" - but surely that can't work since they have to invoice my client, and if they didn't know how much to invoice for, they'd call me to find out. I know I would if I were them. These invoices are months late already.

So, where does the responsibility lie? Hand delivering invoices is not practical (and wasn't asked for, I was always asked to fax them), but being 15k out of pocket isn't good enough. I don't see why it's my problem that they can't do their paperwork properly. All my papers are in order my end.

Can I tell them to sort it out asap, and that it's not my problem that they can't do things correctly (obviously I won't phrase it like that) ? I've sent them an overdue invoice reminder containing invoice references and dates issued, telling them they have 7 days to pay the outstanding invoices or I will charge them interest.

Am I quite right to be rather annoyed at their lack of professionalism? Telling me (very curtly and rudely I might add) they "didn't get the invoice" isn't a valid excuse when I have successful fax delivery receipts, is it?

Thanks for reading
Cottonfoo.

[chicane]

Is "they" an agency?

Don't you have some kind of payment schedule paperwork from them stating when payments will be made?

[timh]

http://www.pcg.org.uk/cms/index.php?...934&Itemid=156
http://www.creditsafe.co.uk/collections.htm

..?

[Bigbird]

I assume this is an agency who owe you the money?

Personally I would have walked off the job long before they owed me £15k!

However, you have taken the right first step. At the end of the 7 days send them a letter before action and tell them that you will take them to court if they don't pay. You need to have included a clause in your contract re charging them interest or you can't do it (ref late Payment of Commercial Debt legislation from about 2000 I think) but if it goes to court you can charge them statutory interest (which is currently 8%) from the due date of each invoice.

What payment terms did you actually agree with them?

[TheFaQQer]

If they are beyond the payment schedule, then start charging interest for late payment, and invoice again. Have a look at the website - it's either .co.uk or .com - www.payontime.com

There are some solicitors out there who will send a standard debt chasing letter for a few quid as well, which is worth doing. Search the forums, and you'll find their details.

[cottonfoo]

They are indeed an agency. Payment terms are 30 days after invoice, as I state on the invoice.

I have indeed read the link above, but not until last week I put the 8% statutory interest disclaimer on the overdue invoices notice, should it not be paid within 7 days of today.

Can I backdate that to when the invoice was due, or am I limited to backdating to the due date of my reminder?

I know what will happen though, I'll talk to the financial person and they'll tell me they didn't get the invoice. Where do I stand then? I know for a fact they were sent, I have fax confirmation and the agency were expecting 10 credit notes and invoices (for VAT backdate) in a row.

I'm waiting for one of my client directors to get back to me regarding the agency invoicing him, to see if they are in fact charging my client but "forgetting" to pay me.

Cheers.

[cottonfoo]

An interesting development, having been in touch with my client's accountants, my client has been paying said "agency"'s invoices for my services for the periods that I've not been paid, so that indicates they know what to invoice them for, and hence what to pay me.

Knowing that information and telling me they 'lost the invoice' is a lie in my opinion.

Looks like I'm going to wait until the 7 days are up on the reminder and open both barrells in their faces in the form of a solicitors letter, and re-invoice including the interest at overdraft rates - since that's what I've lived in. A pain in the arse, but got to be done now

Is it right to name and shame in order to prevent anyone else from this kind of hassle?

[Let-Me-In]

Oh Yes!!!!!

[Ardesco]

May be worth doing a credit check..

If they are in the tulip it's time to call them every spare minute of the day and send loads of paperwork over to try and get your cash before a third party comes in and does it for them...