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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was sub contracted to a Heating firm generating Leads for

Resolved Question:

I was sub contracted to a Heating firm generating Leads for Cavity wall and Loft insulation , In July I submitted 22 jobs to the firm, which were submitted through a third Party name Vincent Healy who was a lead Generator Like the rest of us , he took it upon himself to invoice for all the work done in July , as we were informed by Mr Healy the Heating firm had not paid these invoices and were awaiting payment. four weeks after not receiving any payment for the submitted work , I took it upon myself to contact the directors of the Heating firm to find out why , I was informed that these jobs had indeed been paid to Mr Healy and that we needed to chase him for our payments. How ever there was no contract or signed instructions that he could submit on our behalf or receive our payments . We did receive some payment from Mr Healy but this was made clear that this was from his personal bank account and we would need to pay him this money back . I have since contacted the heating firm who have told me I need to chase vince for my payment , however the work I submitted to the Gm group ( heating firm ) was done on there paperwork and I was working in partnership with them and not Vincent Healy , I believe I should be chasing the company for my payment and they alone should chase Vincent Healy for the Monies they over paid him. Im looking for advise to see if I have a case against the gm group as there was nothing in writing to say they could pay Mr Healy on my behalf
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know WHO instructed you and WHO did you submit invoices to?

Customer:

i would submit all our work on to a drop box in a spreadsheet format. the spreadsheet was then copied and pasted by Vince Healy and then he Invoiced Gm direct i didn't actually submit any invoices until i discovered that the firm had actually paid Vince Healy nearly £15:000 that idecided to invoice gm for work done in July which I hadn't been paid for

Customer:

so as you can see I am trying to figure out whether I have a case against Gm as all work submitted by me they have carried out the finished installation and they should pay me for the work, and chase Mr Healy for the Payment he shouldn't have received or do I have to take Vincent healy to court with absolutely no evidence that he was allowed to submit and receive payment on my behalf , all work was carried out on Gm Paperwork and I have a badge stating im in Partnership with the GM group

Alex Watts :

Who instructed you, was it GN or Vince?

Customer:

we we

Customer:

I was self employed so area we hit were our own choices

Customer:

if we had any issues we would contact gm group

Customer:

and any issues with our work gm would contact us direct

Alex Watts :

But who asked you to do the work. Who said, please start doing this job on this date?

Customer:

it was a team of four people and Vince was a Lead Generator like the rest of us . Nobody would ask us to do the job , one guy would plan an estate the night before we would drive to that estate and knock doors no one was actually in charge of us

Alex Watts :

But Vince invoices for the work which you have not been paid for?

Customer:

Vince took it upon himself to invoice for the work he was never instructed to , and yes I have never been paid for it

Customer:

Im thinking that gm have carried out the work and have been paid by the funding bodies , they have done this work on the survey work I have produced , so surely I have the right to claim my payment from them for this work . I have evidence the work has been carried out and of the paperwork submitted and proof I was in partnership with them , they have evidence they paid the wrong man

Alex Watts :

Do you know whether GM have actually paid Vince?

Customer:

yes they have confirmed they have , paid him the money owed to me

Alex Watts :

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

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

Your claim is against Vince as he has been paid by GM

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.



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.



Can I clarify anything for you about this today please?

Customer:

so its vince I have to take to a small claims

Customer:

thank you for clarifying this point

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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