non-payment of teaching fees - can anyone advise what I should do ?

[bluebellwoods]

I worked for a training organisation as a self-employed trainer from Nov2007-June 2008. I was contracted to deliver training which was worth just over £10 000 in fees. I have submitted an invoice each month since Nov 2007 and have so far been paid only just over £3000 in very erratic and irregular payments. The last payment was for £500 just over four weeks ago. I have been pestering them on a daily basis for the rest of my fees as life is now becoming very difficult - my rent is in arrears and my phone has now been cut off - there is only so much in which large organisations will listen to promises of payment.

Yesterday I had an email telling me they are having 'cash flow' problems and are in discussions with the bank and licensed financial advisors preparing a plan so they can pay their creditors. they have been advised not to make anymore payments to anyone for a couple of weeks until the plan is prepared. It all sounds very ominous to me. I checked companies house to see if they on the list of companies gong into liquidatio - but they aren't. There are however no accounts produced for this year - overdue.

I am really angry and I feel used - I worked really hard for 6 months thinking I would be able to sit back and enjoy the summer - now I have had to cancel my holiday. I did some research earlier this week and wondered whether I could take them to an employment tribunal - this was before yesterday's email. Now I am wondering should I just sit back and wait a couple of weeks for their next communication, should I contact their advisors for a full explanation, is there anything else I can do ? I feel alone in this situation as I have no contacts with other trainers who might be also be owed money. The company also has salaried staff and I am wondering what their position is ? Any help, advice or suggestions would be very welcome - and in fact thank you if you have read this and can't help - just by doing so you have helped me sound off about it a little

[Sidewinder]

Hi there and I am sorry to read of your problems.

 

Whilst insolvency matters are way out of my level of knowledge in any detail, I would suspect that you need to start the ball rolling as soon as possible - although it is likely that you will be some way down the list of creditors should the organisation go bust, I daresay that it will be in your interest to act now.

 

The route that you should follow would be through the County Court (not an Employment Tribunal, for you are not an 'employee'). On that basis, I would send a Letter Before Action detailing the money due under contract for the provision of your services and enclosing a precise statement of what was due and when, less any payments received and the dates on which they were received. If payment is still not forthcoming, then go through Money Claim Online HERE and get the Courts working for you.

 

This is YOUR money and there must be a limit to your patience. They may well be suffering financially, but so are you and you don't have a bank waiting to provide you with a rescue package! If you can get a claim issued and there really is a rescue plan pending by which they will be able to release money to creditors short of going bankrupt then make sure that your claim is one of those which they have to settle first. If you do obtain Judgement against them then they may be rather more keen to settle than to risk you instructing the Court to send bailiffs in to enforce a warrant.

 

No doubt others with far more experience in this area can advise further, but I wish you good luck and hope that you do get that holiday after all!

[bluebellwoods]

I asked for the name and address of their advisors on July 17th - no reply has been forthcoming. I have sent a Letter before Action giving them 14 days to resolve the matter satisfactorily. Thanks for your help

[chasin sunsets]

Not good enough a response, well, my opinion anyway. I worked for 3 days over 12 hours each day and on day 3, expecting payment, was told work wasnt up to their standard..so.....

 

a few calls later and a 60 tonne hymac ready to rip out my work (complete with their garden,car, garage, etc...) lo and behold, money appeared....strange that eh!

[bluebellwoods]

Because I was teaching I can't really threaten to take anything back, but my last resort is to let City and Guilds know about some dodgy marking which went on - after my involvement -.