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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47904
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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. I work as a freelance provider of teacher training. The

Resolved Question:

Hi. I work as a freelance provider of teacher training. The company with whom I fulfil the most contracts are quite poor at paying on time. I have just been told that an invoice I presented to them was not entered on to their system for nearly three weeks after they received it and that the payment term begins after the invoice is entered on their system. This has taken me aback a little as, under these conditions, the company could pay me whenever they wish. What are my rights, if any?
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.

Customer:

Hello.

Ben Jones :

Do you have a contract with them with payment terms?

Customer:

Yes. I have a new contract for every training event. Payment terms are stated as 95 days.

Customer:

  1. Payment of fees and reimbursement of expenses will be made by cheque and become due for payment 95 days following receipt of the following: -

    1. Invoices and receipts

    2. Delegate and Lecturer evaluation forms being returned to the office

    3. The satisfactory resolution of any delegate complaints made regarding the course or its delivery


Ben Jones :

Nothing in relation to when the invoice is actually entered on to the system?

Customer:

That's the wording.

Customer:

Nothing. The only reference to payment is the clause pasted in above.

Ben Jones :

Ok thanks, ***** ***** contract does not specifically deal with the time limits within which the invoice can be entered on to the system and from which point the actual terms start to apply, it would be reasonably expected that this is done as soon as possible. Whilst the specific terms in relation to this are missing, it does not mean that the other side can wait indefinitely and then avoid payment in that way. What ‘as soon as possible’ means will depend on the way the company works, what their usual practices are, the industry practices and so on. It will vary from case to case. However you can use the other payments you have received as a benchmark or also those of colleagues. So if there is an unreasonable delay you can try and claim that it amounts to a breach of contract of an implied term, Of course if you are not pad at all then you can take the matter to court but for a delay it may not be worth it as by the time you make the claim and it proceeds to a hearing you are likely to have been paid anyway.

Customer:

Thanks Ben. This has been really useful.

Ben Jones :

you are welcome, all the best

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