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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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we are a limited company and seek recovery of outstanding invoices

Customer Question

we are a limited company and seek recovery of outstanding invoices totalling £14000 plus vat from a company that is a wholly owned subsidiary of world wide company quoted in London.How do we proceed and what are the costs involved?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
What do the sums relate to? and how long have they been outstanding?
Customer: replied 3 years ago.

The two outstanding invoices relate to November 2012 and December 2012 each £7,000 plus Vat. I wrote to the company and gave them 7 days to pay.They esponded by asking that proceedings are defered until 15 January 2013 by which time they would come up with a 'defence' as senior management would have returned following Xmas break

Expert:  Stuart J replied 3 years ago.

Is there a dispute over this? What defence are they going to come up with?

Please confirm that it was the subsidiary company that contracted with you and not the holding company .

Customer: replied 3 years ago.

We acted as consultants for the subsidiary company and have email confirmation that we would be paid £7k per month up to 31 December 2012.This follows on from expiry of Heads of Terms agreement that expired on 31 August 2012.We were paid £7k plus vat for months of September and October 2012.I just want to be prepared should they not offer defence or payment on or before 15 January 2013

Expert:  Stuart J replied 3 years ago.



I cannot see that
they have a defence. They can argue (not a very good argument) that your
contract expired in August and that therefore there was no contract to you to do
this work after that. However, the fact remains that they let you do the work
and I think you are still entitled to be paid on the basis of the original
contract as though it was ongoing. The fact that you were paid for September
and October seems to reinforce that point of view.

I don't know
whether you intend to issue legal proceedings yourself or use solicitors which
I would be inclined to get the proceedings ready now and issue them on the 16th.



The court fees are
all contained in form EX50 . Available from the court service website http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf



you can issue
proceedings online quickly and easily at www.moneyclaim.gov.uk



Reading the court's
fee form, you will see that the fee is £245 if you wish you on paper or £210
you do it online.



There is a further
fee for allocating the matter to a track (which caught the matter is dealt with
in) and that is on page 3. This will be fast tracked and the fee is £220.



If it goes all the
way to court there will be a pre-trial fee
of £110 and then I hearing fee of £545 (page 4). If you win, you will get all
the above costs awarded against the defendant, plus any legal costs for
solicitors. If you don't use solicitors, you can get your own time at £18 per
hour. If you lose in court, you lose all the court costs and you will have to
pay the defendant's solicitors costs at probably between hundred and £80 per
hour and £200 per hour plus VAT.



You can add
interest to the amount owed at 8% per annum simple from the date the money
became due provided there is no provision for interest in your terms and
conditions or the original contract. Provided there is no late payment fee in
the original contract or your terms and conditions. You can also add a fixed
fee in respect of each outstanding invoice under the Late Payment of Commercial
Debts Regulations 2002. It is £70 per invoice http://www.legislation.gov.uk/uksi/2002/1674/regulation/2/made



Can I help
further? Please bear with me today because I will be online and off-line all
day.



The next part is
really important for me:



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The thread remains open. Thanks

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