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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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Good Afternoon. I was a contracted self employed driver working

Customer Question

Good Afternoon. I was a contracted self employed driver working through a 3rd party company courier company that went into administration on 25th December. I am now waiting work I done throughout December which is actually owed to me by the 3rd party company who I have my contract with. They seem not to want to pay me as they have not recieved payment services. Where do I stand legally in obtaining money owed
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

, Thank you question and welcome. My name is ***** ***** I will assist you. Does your contract contain a "pay when paid clause"? Have you invoiced this company money owed?

JACUSTOMER-if5b4593- :

To my knowledge, the third party company (the company that paid my income) received payments every two weeks yet I recieved my payment calendar monthly. The only payment that I am aware that was not paid by the courier company to the third party company was the week and three days prior to Christmas. On the 10th of each month I was sent a statement that showed money earned and expenses, so I received a gross and net figure and if agreed that figures were correct then payment was made to my bank account on the 16th of the month. My statement and payments were sent by a company called Map Group Ltd, but but this company seem to also trade under the name of AMS. Map group as a company have a very strong financial background, yet AMS seem to show very little financial backing. As my statement and payments have previously been issued by map, is it map that owe me and what do I need to do to claim what is owed

Alex J. : thank you firstly you need to confirm their registered office you can find that at Companies House.
Alex J. : https://www.gov.uk/government/organisations/companies-house
Alex J. : You then need to send them a 7 day demand and preferably an invoice money.
Alex J. : Tell them if they do not pay you reserve the right to take any action available to you.
Alex J. : You can then either:
Alex J. : 1) issue a court claim
Alex J. : https://www.moneyclaim.gov.uk/web/mcol/welcome You can start a money claim here.
Alex J. : 2) if you are certain the debt should not be disputed you could as an alternative serve a statutory demand - this will put pressure on them to pay as it is a pre cursor to insolvency - if they don't then pay within 21 days you could petition winding up -
Alex J. : https://www.gov.uk/statutory-demands/overview
Alex J. : I would note that the advantage of the court claim is you can claim statutory interest on the late debt.
Alex J. : You do need to check the terms and conditions you have signed to confirm that there is no "you get paid when they get paid clause". You have to commence the proceedings against the company you have signed a contract with. I look forward to hearing from you. Kind regards AJ