Ltd company hgv driver invoice issue.

[kregrs]

I have a limited company, through which I supply my services as a HGV driver, either direct to clients or via an agency.

On the 3/12/15 I was engaged by an agency to work at a local haulier. On returning to their yard, at roughly 1700hrs and parking the vehicle, 40ft container on an artic, it has been alleged that I hit, and caused damage to a parked vehicle. I was notified by the haulier the next day, no more was said so I assumed the matter had been closed until today. Having submitted my invoice to the agency on 6/12/15 for payment on the 9/12/15, no payment was made. I contacted the agency on Friday to find out what was happening, was unable to make contact though.

Today I was notified by the agency that payment of my invoice was on hold, pending the outcome of an investigation into this alleged damage. All that has been supplied to me are 2 pictures of the alleged damage, I have asked for cctv footage as this is apparently available, but has not been forthcoming. No further details have been provided.

I wasn't aware of causing the damage at the time, and on looking at the pictures and asking the opinion of other drivers, it is unclear that the damage was caused by me in the manner claimed. The rear of the trailer is alleged to have made contact with the rear passenger door of the car, and caused 2 gouges and a dent.

As I said, payment has been withheld until the matter is resolved, the resolution being that I am expected to pay the insurance excess. The excess is £700 and the amount of my invoice is £773.

When I originally joined the agency as a paye driver I had signed some t&c's, on starting as a limited company no further t&c's were signed, I'm led to believe the original terms would be void as relating to a paye driver. I have a set of terms that I give to my own clients but the agency seems to have slipped through the net. I have asked for a copy of the original terms but the request has been refused.

So what is the way forward? I know essentially this is a business to business issue, I've been told the correct way of dealing with this is for them to pay my invoice and then invoice me for the alleged damage. I am just a driver, in 2 years of trading I have never had this problem and could do with some advice on the way forward.

[GrumpyToSayTheLeast]

Surely, as you are a trading limited company you have public liability insurance? Can they not step in and do what you pay them to do?

[kregrs]

Yes, but aren't there 2 separate issues here? The unpaid invoice and alleged damage, they're blurring the lines between the two instead of dealing with them as separate issues.

[ericsbrother]

they are not allowed to contrainvoice unless you have agreed to this. Give them a letter before action and then sue for yor invoice and let them produce any contract between them and xxxxxx ltd that says they can blur the 2 things. What happened in the past wont count as they are dealing with xxxxxx ltd, not you as an individual so whatever you signed then will be worthless to them.

[kregrs]

they are not allowed to contrainvoice unless you have agreed to this. Give them a letter before action and then sue for yor invoice and let them produce any contract between them and xxxxxx ltd that says they can blur the 2 things. What happened in the past wont count as they are dealing with xxxxxx ltd, not you as an individual so whatever you signed then will be worthless to them.

 

Quick question, is an email sufficient to send as a lba? Or does it need to be an actual letter? I emailed before Christmas giving them 7 days to pay (there are 2 invoices outstanding), which they ignored, due to the Christmas and new year break I haven't followed it up.

As for any terms, I now have a copy, not my signed copy but still their terms, and nothing relates to a limited company, they are for a paye employee or sole trader.

As I have 'paid' (they deducted from invoice) previously for a couple of parking tickets and for an incident that resulted in damage, would I be able to claim that back, considering that it has never been agreed verbally or in writing that they could deduct anything?

[kregrs]

Surely, as you are a trading limited company you have public liability insurance? Can they not step in and do what you pay them to do?

 

The supposed damage has been disputed, there is no actual proof that I caused any damage, I am adamant I didn't cause any damage and their cctv footage isn't clear enough for them to use in a claim. The agency in question actually agree with this, but a month on from the alleged incident my invoices remain unpaid.

[ericsbrother]

you have to send a letter that is headed "Letter before action" or letter before claim and make it clear what you want and give a fixed time for them to comply or you will take legal action to recover the monies plus all subsequent costs.

I wouldn look at any other matter, it will only muddy the water and you may well lose out altogether by lumping them together.