greatmoorred Posted October 29, 2008 Share Posted October 29, 2008 Ok, apologies if this has been asked recently. I did a job for a company in July this year, and guess what ?Thats right, they still haven't paid me.I have e-mailed them and phoned them and they have got a list of excuses as long as your arm. Now I used to get on well with them, and was hoping to continue getting work from them, but obviously I need to turn the screw a bit.If I am thinking of going to the small claims court is it worth telling them and seeing if that encourages them to pay up before it gets that far ?Or should I start proceedings without informing them. Any advice gratefully recieved. Link to comment Share on other sites More sharing options...
Pete McCrea Posted October 29, 2008 Share Posted October 29, 2008 Have a google round the site for more in depth answers. I would suggest a letter, stating that unless payment is received in full in Seven days, then you will be starting legal proceedings. I believe it's possible to print the letter that starts this out, but not submit it, so they actually think you've started the ball rolling. As I said, have a search on the site and there is a lot more to read that should help. Link to comment Share on other sites More sharing options...
paulears Posted October 29, 2008 Share Posted October 29, 2008 If you get on with them reasonably, then why not send them a note along these lines (it's rubbish of course) "I'm about to institute a claim for the outstanding amount with the County Court, they have asked if I wish to pursue the claim in the company name, or identify an individual as the responsible person to send court information to". Lets them know what you're considering, and should produce a response that will let you know if they really are not going to pay it, or there is a genuine problem. Plus - you're being quite nice, asking them to select a choice? My experience is that in today's credit rated society, if people think they might get named they could give your invoice a bit of priority. Link to comment Share on other sites More sharing options...
darach Posted October 29, 2008 Share Posted October 29, 2008 Ok, apologies if this has been asked recently. I did a job for a company in July this year, and guess what ?Thats right, they still haven't paid me.I have e-mailed them and phoned them and they have got a list of excuses as long as your arm. Now I used to get on well with them, and was hoping to continue getting work from them, but obviously I need to turn the screw a bit.If I am thinking of going to the small claims court is it worth telling them and seeing if that encourages them to pay up before it gets that far ?Or should I start proceedings without informing them. Any advice gratefully recieved. hi....I had a similar issue with a theatre company two years ago ...... the cheque I got paid with bounced .... and no one answered the phone to me willingly .....it was for a good months worth of work.... and by now about 3 months lateI rang the gardaí (cops in ireland) and they told me to go around to the company office and make a nuisance of myself !!!so I did......and I got paid you could also send out a group email naming and shaming the defaulting company! Link to comment Share on other sites More sharing options...
Ynot Posted October 29, 2008 Share Posted October 29, 2008 you could also send out a group email naming and shaming the defaulting company!That option is a most UNprofessional stance to take, and one that will win you few favours with any future potential employer... Link to comment Share on other sites More sharing options...
greatmoorred Posted October 29, 2008 Author Share Posted October 29, 2008 you could also send out a group email naming and shaming the defaulting company!That option is a most UNprofessional stance to take, and one that will win you few favours with any future potential employer... I am in touch with all the crew from that job, and we are all in same boat, so I dont need to send the group e-mail. I know what you mean though :P I was talking to one of the guys today and he has added a note of caution. If I go for the small claims court, they could force the company to start liquidising assets. This could cause the boss to bail out and go into liquidation. The end result being that I get little or nothing, as do all the other guys, and the chancellor gets whats left. Not ideal.Bad management AGAIN.........There should be a law against them. Link to comment Share on other sites More sharing options...
Guest lightnix Posted October 29, 2008 Share Posted October 29, 2008 Click here and here for other, related threads. Hope that helps and that you get the matter sorted soon :P Link to comment Share on other sites More sharing options...
Kevin@Wicked Posted October 30, 2008 Share Posted October 30, 2008 Pay On Time Website This website gives you everything you need - helped a friend of mine get paid all of his money, as well as a good chunk of compensation and interest!!!! Good luck mate!!! Link to comment Share on other sites More sharing options...
greatmoorred Posted October 30, 2008 Author Share Posted October 30, 2008 Pay On Time Website This website gives you everything you need - helped a friend of mine get paid all of his money, as well as a good chunk of compensation and interest!!!! Good luck mate!!! Thanks, although I fear I may be too late.Ive just looked on the companies house website, and the company in question isStatus: Active - proposal to strike offAnd the accounts are overdue. So, taking a wild guess, I would say they were trading whilst insolvent, and they are now *****d. Link to comment Share on other sites More sharing options...
paulears Posted October 30, 2008 Share Posted October 30, 2008 On the Companies House website, it explains and adds this: Striking-Off, Dissolution and Restoration How do I apply for a company to be struck off the Register?Complete and send us Form 652A with a £10 filing fee: The Registrar will provide the form on request. However, striking-off is only applicable to a private company if, in the past three months, it has not: * traded or otherwise carried on business; * changed its name; * disposed for value of property or rights that, immediately before ceasing to be in business or trade, it held for disposal or gain in the normal course of that business or trade; or * engaged in any other activity except one necessary or expedient for making a striking-off application, settling the company’s affairs or meeting a statutory requirement. A company can, however, apply if it has settled trading or business debts in the previous three months. In this case, they do appear to have been trading - so striking off shouldn't be possible. The idea of striking a company off the register is when the owners wish to shut the company down and cease trading. So striking off isn't usually a particularly bad sign, as if they are insolvent or have debtors, they can't be struck off. Very odd? Link to comment Share on other sites More sharing options...
greatmoorred Posted November 19, 2008 Author Share Posted November 19, 2008 Well, I went to the county court and got all the forms, but, being a nice guy I decided to give them one last chance.I emailed the company in question explaining that I was now left with no option, but to go to the small claims court (and probably have their name put in the bectu magazine, if you read that section )And I got a cheque 2 days later......A sad end to what, up to that point, had been a pretty good relationship.Although its panto season now, so I wont miss them until Feb ;) Link to comment Share on other sites More sharing options...
Ynot Posted November 19, 2008 Share Posted November 19, 2008 you could also send out a group email naming and shaming the defaulting company!That option is a most UNprofessional stance to take, and one that will win you few favours with any future potential employer...Though in a slightly different cein, I'm sort of tempted myself now to name & shame the guy who supposedly purchased our motorised cinema screen for his picture palace near Huddersfield, in September, but despite phone calls and e-mails has failed totally to even attempt to pay up.... But as it's now gone to small claims - submitted the online forms today - I guess that's perhaps not the best option either.. ;) Link to comment Share on other sites More sharing options...
lightsource Posted November 20, 2008 Share Posted November 20, 2008 Telephone and registered post is the key. Never ever email....It's not worth you're time to send it. Send them the post, statement, demands etc. then ring the company. Get a name, then liase with that one only person. Works for me ;) Link to comment Share on other sites More sharing options...
JazzAV Posted December 1, 2008 Share Posted December 1, 2008 if its a largish company I have in the past sent an email asking for payment and cc'd in every other email address I could find on the companies website so all the staff of that company saw it......I got a bacs payment within a week. Directors of dodgey companies hate thier staff knowing thier business. Link to comment Share on other sites More sharing options...
RoyF18 Posted December 4, 2008 Share Posted December 4, 2008 Has anyone ever found BECTU any use in these situations?Recently I have seen a few (others) try to turn to BECTU for help in various situations and have been very badly let down by the union. I am not slating BECTU here, I don't particularly have an opinion; these are just things that I have observed. I really do hope that it isn't the norm however, maybe people only join for the cheap PLI in that case.Hopefully people will prove me wrong here and jump to the defence of BECTU... Link to comment Share on other sites More sharing options...
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