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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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In February 2014, we completed a job for a company called FMC

Resolved Question:

In February 2014, we completed a job for a company called FMC who in turn were a sub-contractor to Mitie, who in turn were the main contractor for RBS. So, we are in effect a third tier supplier. The work we carried out has been signed off by RBS as it involved a test which only they could confirm was satisfactory. The job was quoted to FMC and we were instructed to proceed with it. A purchase order number was given verbally. Our invoice was submitted in February and more than 2 months later, FMC queried it and requested supporting documentation, e.g. copies of our supplier invoices. This was never an agreed term and after a lot of arguments we eventually supplied them. There was a small error on our original invoice and we had to issue a revised invoice when we sent the supporting documents. Now, they are asking for even more information. I think we have supplied enough particularly as it wasn't contractually agreed that we were to supply it. Our customer say that they can't pay us as Mitie won't pay them because RBS won't pay them as they are carrying out an audit on the job and want to see supporting evidence. I think our customer, FMC should pay us as the contract we have to carry out the work is with them, not Mitie or RBS. The amount in question is £14,969.81
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you should be paid as it was never a condition that you would only get paid when FMC was paid.

As you have already gone through a lot of correspondence with FMC about settlement of your invoice, you may now file a court claim against them for the money.

The easiest way to do so is online at www.moneyclaim.gov.uk

I would expect them to pay up when they receive court summons.

May I help further?
Customer: replied 3 years ago.

You've not really told me anything I don't already know! Is it possible for me to go straight for a winding up petition?

Expert:  UKSolicitorJA replied 3 years ago.
Hello Susan,

Yes, you may go go for winding up straight away, you would first need to serve a statutory demand on FMC giving them 21 days to pay the money after which time, if they have still not paid up, you may file a winding up petition against them.

See here for the process:

https://www.gov.uk/wind-up-a-company-that-owes-you-money/prove-the-company-cant-pay-its-debts

Does this help?

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