Non Payment

[tezza1234]

Hi all - little long winded so ill try to break it down.

 

I run my own business and am classed as self employed.

 

In June this year (10th) I went away with a fellow person in my industry for a 3 day trip, over 420 miles away. Bare in mind this person knew my financial situation at the time, so I was verbally led to believe id be paid on day 3. But nothing in writing. On day 3 this person said, and confirmed in writing later on that day he would pay me within 14 days. Well, that was 36 days ago and ive still not been paid and he is getting a tad nasty. Ive sent invoices every 14 days, overdue invoices etc...… but nothing.

 

This person has a LTD company and basically told me that if I persue him he will just dissolve it. Im not to fussed about that, because, he has a business page / profile etc.... on social media, but the 3 day job offer and all correspondence since has been through his personal page. So ill just sue him personally if need be.

 

Ive been looking online and it says a business transaction is legally late if it is more than 30 days overdue, unless its been agreed previous (eg 60 or 90 days) which it wasn't.

 

So, I am assuming my next steps are to send a final LBA / Invoice giving 14 days, this will then take it to 50 days. Then start a money claim online, is that right.

 

Its not just about the money anymore, its about teaching this guy a lesson, he is not poor, he has other 'staff' who he pays weekly, I believe thee other staff are classed as self employed too.

 

This thread may get quite long but ill certainly need help when doing the MCO as ive never done it before. 

 

Can anyone offer any other advise, charges I can start to add, I know about the 8% interest starting from day 31, what about any other charges I can add for repeat invoices, overdue invoices etc... 

[king12345]

What sort of business are we talking about?

Something tangible (building trade) or virtual (IT consultancy,  door to door sale)?

[tezza1234]

It’s a service trade, ie we provide a specialist service. not sure why that matters though tbh and what affect it has from my original query.

[king12345]

If he was a builder he might own assets (tools), but as he's a specialist trade, whatever that is, sounds like he won't have any tools to be used for payment. 

Correct?

[tezza1234]

That depends which route on which you want to go down, as a ltd business, most thing may be on finance. But certainly not all,  But as a person the guy has a a mortgage, cars, expensive holidays etc..... 

 

i am happy to start a MCOL against the LTD company or personal. 

 

As said, everything regarding this job was on his personal account, not his LTD company one. 

Edited July 18, 2019 by tezza1234

[ericsbrother]

right, you say this was a B2B contract with one breath and then say it was personal in the next.

You had better be clear as to the nature of this agreement before you start a claim or it will be thrown out because you have failed to sue the correct entity for the correct reason.

 

What you do ahve goping for you is the agreement for payment is confirned in writing so check on whetehr that agreement was made froma business or personal email/phone and go after him with that in mind.

Yes, you will need to send a LBA saying how much is owed and why and give at least 7 days to pay up or you will take any necessary action to recover the money