SelfEmployed not beeing paid full amount

[ConcernedSE]

Hi,

 

Not sure if this is the right subforum to post this but I've seen a thread similar to mine so I'll leave this here.

 

Have a bit of an issue with the last company I've worked for and was hoping you guys could help me out with some advice.

I'm a self employed tiler and I worked for about a month for a company in London doing kitchen/bathroom tiling.

After the site was finished they paid me but not the full amount, about £500 after tax were missing. I called the manager I worked for and he said he'll look into it.

Next day I called him again and he said that I made some mistakes and someone called me and told me about them and asked me to come fix them but I refused so they hired someone else to fix and paid him that amount. This is simply not true, I haven't received such a call and if I would have I would have gone to fix my mistakes. This is what I told the guy and he said he'll ask again.

Next day I call him again and he says the same story and that they can't pay two people for the same job so there is nothing he can do.

They pay £65 per bathroom/kitchen so that means that I must've made mistakes in 9-10 bathrooms. I have 7+ years of tiling experience, take pride in my work and never had such a problem. Not saying it's impossible for me to make mistakes since we all do, but making such mistakes that they wont pay a penny in any of the 10 bath/kitchens in a month is kinda impossible.

What would be the best way to deal with this?

I've read some threads about people not paying and they recommended small claims court. Would this be the case too?If so how do I proceed with it?

 

Regards

[assisted blonde]

ask in writing for a breakdown mistakes made and cost tom put right

[raydetinu]

Surely the hours or work you do gets signed off, daily or weekly.

and you get paid against that, or at least you should do.

evidence is the key here, make sure the work you do gets signed off and keep a copy.

Seen this so many times with sub contractors or contract staff.

If you have these records then yes take them to court

[IdaInFife]

IVe moved to the employment forums as there are posters in their that can advise on self emplotment

[Emmzzi]

let's start with what your contract says about pay please

[ConcernedSE]

ask in writing for a breakdown mistakes made and cost tom put right

But wouldn't that be like saying that I've done wrong and if they can spot what?

Surely the hours or work you do gets signed off, daily or weekly.

and you get paid against that, or at least you should do.

evidence is the key here, make sure the work you do gets signed off and keep a copy.

Seen this so many times with sub contractors or contract staff.

If you have these records then yes take them to court

At the end of the week I complete the invoice with what properties/work I have done for that week and send it to them.

I keep copies but they have only my signature on them since I send them by e-mail, now I see that is a mistake.

IVe moved to the employment forums as there are posters in their that can advise on self emplotment

Thanks.

let's start with what your contract says about pay please

Don't have a written contract, just a verbal contract with the manager that offers the work.

I ask how much does he pay and for what work and if we both agree then I start the work.

Never had issues like this so didn't think about a written contract.

[Emmzzi]

well, I think it is time you DID get things in writing. If you are going to be self employed, you need to know what your own terms are!

 

As you are about to find out it is damn near impossible to sue based on a verbal contract.

[ConcernedSE]

Now that I've been through this I will surely do.

 

But in this case since they are not denying that I've worked for them or what properties I've worked on, just saying that I've made mistakes and refused to fix them(and I wasn't even told that I've made mistakes, I just found out when I called about why didn't I receive the full amount), is there be nothing I can do?

[Emmzzi]

I think legally you are on a sticky wicket I am afraid.

[ConcernedSE]

That sucks, live and learn I guess.

Thank you.

[Emmzzi]

sorry Morally you may be right but you need evidence for court

[ConcernedSE]

Well what other evidence would I need besides invoices? I suppose after-pictures would help but never thought about it.

[Emmzzi]

An invoice only says what you think you are due. It doesn't mean anyone has agreed to the rates or what will happen in the event of error.

 

You need a contract.

[raydetinu]

I am not sure you don't have a case; If the work you did is not in dispute, they will have to prove they did not give you the opportunity to put any mistakes right, i.e. in writing!

Suggest you write to them pointing this out and if they still refuse to pay you, then you will take them to court.

title the letter, letter before action, and give them 7 days to respond.

copies of your work sheet should be enough to confirm you did the work in this case together with any evidence of how and what they paid.

[ConcernedSE]

An invoice only says what you think you are due. It doesn't mean anyone has agreed to the rates or what will happen in the event of error.

 

You need a contract.

Is there a simple template for a contract that I could use for future work?

 

I am not sure you don't have a case; If the work you did is not in dispute, they will have to prove they did not give you the opportunity to put any mistakes right, i.e. in writing!

Suggest you write to them pointing this out and if they still refuse to pay you, then you will take them to court.

title the letter, letter before action, and give them 7 days to respond.

copies of your work sheet should be enough to confirm you did the work in this case together with any evidence of how and what they paid.

 

Yes, they didn't tell me anything. Not by phone or by text or by writing.

I'll start with that.

Thanks

[Emmzzi]

A LBA is free and I agree worth a go

 

Are you a member of a trade association? They often offer contract templates to members. Free contract templates tend to be worth what you paid for them...

 

You could also try your local chamber of commerce?

[ConcernedSE]

Not a member of either.

London Chamber of Commerce seem to charge £524.40 for being a member so not too sure about that.

Will check trade association but joining that seems to take some time for them to verify references and that. Was hoping to do it sooner.

[Emmzzi]

try these from federation of masters builders - they may be overly complex for your needs but you can take bits out?

 

http://www.fmb.org.uk/find-a-builder/free-contracts/download-contracts/

[ConcernedSE]

Thanks for the link, will take a look after work.