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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am self employed. I set up two lead generating schemes for

Resolved Question:

I am self employed. I set up two lead generating schemes for one of the companies I do work for and ran the project. The only money I would get paid for all this work was based on if a sale went through. The agreement was that I would be paid £350 for every sale. On both occasions the schemes finished as the companies sales people were to pushy. Though around 20 sales went through. The company I worked for paid their salesman their commission, they paid the lead fee to my contact and all the companies’ technicians got paid. For a couple of years I had problems getting paid on general works with the company, they kept saying they were not doing so well and struggling etc. They also kept calling me their friend and one of the most trusted people that works with them. About six months ago I told the General Manager who is the directors son that I really needed to put my invoice in for the commission I was owed on these two projects. He said can you put them in in two parts, to give them time to pay. So I sent in the first invoice. One of the directors called me into the office and refused to pay my invoice saying I put it in to late and made me feel like I was steeling from the company. I was very upset with this meeting and had to walk out.
Today I was asked by the General Manager again to set up some more schemes and if the sales went through they would pay me commission on them. I said that they never paid me last time I set up these schemes and that I really do need the money im already owed. He said if I took things forward legally that would be it with me and the company and why don’t I just look forward and just earn money out of future things I set up.
Is this company legally bound to pay me for this work even though my invoice is a few years after the work was completed?
What rights do I have and how can I claim this money from them?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was there a specific time limit agreed within which you were supposed to submit invoices?

Ben Jones :

Hi, not sure if you saw my initial query above - Was there a specific time limit agreed within which you were supposed to submit invoices?

Customer:

There was no agreement made. Though when i submitted the invoice one of the directors said i should have put it in, in the same year the work was done and that why they are not paying it.

Ben Jones :

Legally there is no specific requirement to submit an invoice in the same year when the work is done or within any other specified time period. Generally, this is something which you would agree between you and the other party so if there was a specific clause requiring that of you then if you failed to adhere to it the other party could refuse to pay because you have not met the contractual terms. However, this was not the case here and as there was no specific requirement for you to submit the invoice within a specified period, you may still submit it one, two or more years later on from when the work was done.

What would matter from a legal perspective is the time limit within which you can actually take legal action to pursue this should they fail to pay you. If it comes to that then you can consider taking this to the county court but you only have 6 years to do this. So this is where the official time limits would kick in, you may have submitted an invoice at any point but if you are more than 6 years on from when the work was done then this could become impossible to pursue legally should you wish to rely on the courts to resolve it.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

They owe me about £8000 i think what is the best way to kindly in a legal way to get them to ask me to pay it. Can i add intrest

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

As to interest you cannot charge interest until the invoice has been submitted and hen remains unpaid for at least 30 days

Ben Jones :

Does this answer your follow up query?

Customer:

yes thank you very much

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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