Client refusing to pay for something completely separate to my invoice!?

[hardcj]

I'm after a bit more legal advice if anyone can help? I've already spoke to a few people I know with legal knowledge and I'm awaiting a call back from CAB.

 

Background: I'm self employed and have worked for the company in question for 4 years and have provided an exemplary service throughout, including running the jobs completely this year for them!

 

I have a completely separate project also running with them of a product I have invented/developed. I went to them about it and we went into a 'partnership' although we have never signed anything! They have bought some prototype products directly from a manufacturer (never paid any money's to me for the product) and I have never received a penny for the years of work I have put into this product for them/me as that was my contribution!

 

I haven't done anything more to this project since the last job as there was a ****ty email sent to all crew with a 'toys out of pram' approach to some issues that weren't really to do with us! I replied to the email professionally on everyone's behalf setting the score straight and have tried contacting them every which way other than carrier pigeon, but never get a response back!

 

Myself and other crew have had our invoices paid late the previous 2 occasions and on this occasion they are currently 3 weeks late over our 30 days given to pay. I emailed my statement yesterday which shows they are 3 weeks overdue to which I received an email from one of the directors stating there are serious issues that have arisen since last job, I would receive an email by the end of the week outlining problems and that no money would be leaving them until resolved!

 

I replied asking whether the issues are to do with the work I completed and relating to the invoice or are the issues to do with this separate project? I also asked why it has taken them this long to come up with this problem ( and only when I sent my statement) when they have had 6 weeks since the job to bring things up!

 

I have refused to leave my front door until paid as they have been late on the previous invoices and I think this is their biggest gripe as I haven't done anymore to the project! They can't fault the work I did in the last job as I did as asked! There have been various emails over the last 24 hours, but basically they are withholding my money until they have sent their prepared email on Thursday! They are holding my money for this completely unrelated project.....I've had enough with this company, am I right to send them a going to send a 7 days before action (late payment of Commercial Debt (interest) with the client liable for all legal/charges costs with CCJ enforcement) notice, but just wondered if anyone else had any other ideas that would help??

 

Thanks in advance!

[Conniff]

Have you copyrighted or patented this product ?

[hardcj]

Yeah I've got various patents for the product, and an avenue I'll pursue later, but I've written to them removing authorisation to use my product of which they are going to a life. But my main battle at the moment is for the thousands that I earnt that they owe me still! What's the best route? CCJ or company winding up order?

[Conniff]

ccj don't always get you what you want. If they refuse to pay you get bailiffs, if the bailiffs can't find anything of value you are back to square one.

 

If it's over £750 you can go for a bankruptcy

[Castlebest]

Do you have separate written orders (contracts) for the separate works you have done? and have you continued to provide the services/works you were instructed to provide under both until the lack of payment?

It appears you have a breach of contract but you have to be careful legally, who has made the breach? if you have parallel contracts you cannot (and nor can they) mix them, each contract stands on its own merits, you have to fulfill your obligations under each contract separately. If you have patents for the product I believe you can withdraw your approval from the company you have supplied and force them to stop them selling your product... but you need to talk to a legal professional to achive this.

[hardcj]

Do you have separate written orders (contracts) for the separate works you have done? and have you continued to provide the services/works you were instructed to provide under both until the lack of payment?

It appears you have a breach of contract but you have to be careful legally, who has made the breach? if you have parallel contracts you cannot (and nor can they) mix them, each contract stands on its own merits, you have to fulfill your obligations under each contract separately. If you have patents for the product I believe you can withdraw your approval from the company you have supplied and force them to stop them selling your product... but you need to talk to a legal professional to achive this.

 

Hello,

 

Thank you for your reply!

 

They are contracted to my invoice as they didn't dispute within the 7 days stated on my invoice and have admitted they owe me the money but are holding it back due to this other completely separate project!

 

With regards to the separate project that I have invented, there were never any contracts set up (silly!) and I have never signed anything!!! So there is only one contract broken at the moment which is my invoice!

 

I did a statutory demand on them (form 4.01) and they have replied saying that they are offsetting my invoice against costs they incurred buying parts directly from manufacturers.

 

I have de authorised them from using any product with my designs......I have never received a penny for the thousands of hours I put into the project, let alone any money for using my product!

 

I now need serious legal advice as to my next step as it keeps going round in circles and I find myself answering the same questions with the same answers!