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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I have recently completed a contract as a consultant on a project

Customer Question

I have recently completed a contract as a consultant on a project with a digital agency (12/2013 - 03/2014) but they are contesting several of my invoices. I have provided a detailed time sheet analysis and excel spreadsheet from an online electronic time keeping system on a monthly basis along with a snapshot of remaining time allocation. This was based on a set number of hours for the course of the project, but the scope of the project changed mid-way through the project. I had a conversation with the agency about time and my concerns with running out of time but in a phone conversation the agency representative said she was not concerned at that stage.

The initial invoice was contested over quality of my deliverables which they had accepted and sent to the client. But after the invoice was submitted and over 30 days they contested the invoice and refused the number of days used to write the research and recommendations documentation. I have been conducting this type of work for the past 15 years and I have never had anyone question the quality of my work and final deliverables.

At the end of the project following these issues, they requested I prepare a final review and analysis document which took 5 days to research and write up for presentation to the lead team members who was preparing the final documentation.

They are now suggesting that we had already gone over the allocated days and are not going to pay for these final days, even though they asked for the work to be completed. The final work has been incorporated into the final client documentation as submitted by myself.

What recourse do I have? The work is complete and transferred to the agency already?

Can I contact the ultimate client which I have been working with for these past few months?

I have investigated the online courts processes already, but I would like a legal point of view on where I should consider next actions.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the sum claimed please?

Alex Watts :

What stage are proceedings?

JACUSTOMER-5tbvr0yo- : The claim for march invoice is £3.360.00 including vat. The disputed amount is ££1.800.00. We are still discussing payments but at loggerheads on the time and required deliverables from myself.
JACUSTOMER-5tbvr0yo- : The disputed amount was deducted from the January invoice.
JACUSTOMER-5tbvr0yo- : So far I have had to chase invoice after 30 days have elapsed every month since starting the project.
JACUSTOMER-5tbvr0yo- :

They are claiming time and materials contract, but they asked for me to complete the final documentation even after our phone discussion around available hours and lack of hours to complete the project. I was given a verbal ok to proceed by the project manager in January over the phone.

JACUSTOMER-5tbvr0yo- :

The final documentation was for 5 days of my time, and not an option to not deliver these final recommendations.

Alex Watts :

In terms of the claim - have they filed a defence?

JACUSTOMER-5tbvr0yo- : Just time and materials contract position
Alex Watts :

Yes but has a defence been filed?

JACUSTOMER-5tbvr0yo- : Not yet
JACUSTOMER-5tbvr0yo- : I have not filed paperwork with the courts I am still trying to negotiate fo
JACUSTOMER-5tbvr0yo- : Final payment
Alex Watts :

But the deliverables were accepted by the agency?

JACUSTOMER-5tbvr0yo- : Yes they were
JACUSTOMER-5tbvr0yo- : And required for me to deliver
Alex Watts :


Alex Watts :

Ok and you did so?

JACUSTOMER-5tbvr0yo- : Yes I did
Alex Watts :

Ok - then you should seriously consider issuing a claim

JACUSTOMER-5tbvr0yo- : 27 pages of detailed analysis and recommendation
Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

JACUSTOMER-5tbvr0yo- : Thank you
Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

JACUSTOMER-5tbvr0yo- : I feel the same
Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-5tbvr0yo- : No thank you. That was perfect
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help:

Alex Watts :

Please remember to leave feedback before you go today

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