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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I'm Dutch national IT consultant (live in the Netherlands),

Resolved Question:

,
I'm Dutch national IT consultant (live in the Netherlands), that frequently work via UK agencies.
The contract I signed was governed by UK law.
I left the project after 7 working days. Up till now - I did not get paid expenses and hours spent on the project. (invoices and time sheets submitted in Nov. 2013).
The expenses invoice is $ and hours around 8000$.
Normally I invoice the agency, and get paid by the agency within 30 days, no matter when the agency get their invoices paid.
I'm chasing K2 regularly, to state the resolution of their decision. They tell me they are trying to get PwC to give them an answer, but they cant get through.
Now I know you would need to see the contract etc. and there is lots of mails went back and forth.
I can't afford to spend all this money on lawyers. In the Netherlands, I can send a registered mail to a company, and say that if there is no payment in 7 days, there will be invited to court. If this does not help, then it cost around 250 euro, to file a request for "small" incidents, where I and them will appear before a judge, to discuss and that the judge will "say his say".
Is there something like this in the UK? and how to go about it.
Personally, through all that is said and mailed, and the contract, - I think I should get paid, as I was not "end result" responsible project. I work on a daily/hourly basis, and the "customer" will pay the expenses (via K2). The brought be to the project, I made expenses (with the thought I will be paid back), so whether I was productive or not, I should get paid.
I think that PwC, has lost credibility with their client, and the client gives them a hard time, as they postponed the go live of the project already 3 times. This maybe the reason why PwC - is not responding to my mails to sign the timesheets and expenses sheet. If they would have done so, K2 would probably pay.
What do you recommend, could you help "as representative", and how much it should cost me?
Thank you,
Doron Zaccai
+31654223622
​www.linkedin.com/in/doronzaccai
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

What is the total value of the outstanding claim and have they given reasons payment please?

Customer:

H Alex,

Customer:

Should i see the answer here somewhere?

Customer:

The expenses invoice is $ and hours around 8000$.

Customer:

so around 10000 usd

Customer:

the reason K2 gave me, is that they are evaluating my work.

Customer:

But I mailed twice to the project manager, to approve my expenses and hours.. and got no answer.

Customer:

she is from PwC.

Alex Watts :

Ok.

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 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 a County Court, or post it but online is better

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

If it gets to trial and you win, you would be able to claim expenses over to the UK, so flights, hotel etc

Alex Watts :

Can I clarify anything about this today please?

Customer:

my contract is with K2 Partners. So I should write to them.. right?

Alex Watts :

Yes, whoever instructed you

Customer:

instructed?

Customer:

K2 hired me, in the name of Pwc in Italy

Alex Watts :

Whoever told you to do the work. Yes K2

Customer:

okay.

Alex Watts :

Can I clarify anything else ?

Customer:

to make the claim, as you mentioned,

Alex Watts :

Yes

Customer:

would there be aplace to submit the contract and the mails etc.?

Alex Watts :

Yes, but not at this stage. You would submit a claim. Then if it went to trial you would give a statement and provide supporting evidence

Customer:

ok. if it gets to that, do I need a lawyer?

Customer:

to be present with me in court?

Alex Watts :

No, its a small claim. You can have a lawyer but those costs cant be recovered

Customer:

okay.

Customer:

thank you.

Alex Watts :

Can I clarify anything else ?

Customer:

will i still have access to this chat links?

Alex Watts :

Once you rate the format changes so you cant come back to see it, or save it

Customer:

what is the best practice (statistically) that K2 will respond to the letter positivly?

Customer:

do agencies usually try to avoid court? or they almost never give up?

Alex Watts :

They probably wont respond, but as soon as they get the Court claim they will!

Alex Watts :

In reality

Alex Watts :

Yes because they dont want a bad credit mark against them

Customer:

okay

Customer:

than you, i'll send the letter.

Alex Watts :

Yes

Customer:

see what happens.

Alex Watts :

Can I clarify anything else ?

Customer:

not at this stage. I did help to get the idea how it is done in the UK.

Customer:

so I'm satisfied.

Alex Watts :

Great, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Customer:

sure. n.p.

Alex Watts :

If you need more help please click reply

Customer:

have a great day!

Alex Watts :

And you!

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