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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
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I have submitted old invoices but now I am facing a challenge

Resolved Question:

I have submitted old invoices but now I am facing a challenge on the amounts as they try to say that I had no contract with them. I was using their computer systems to submit my work on their behalf but they are trying to say that it was not me as I had no idyvidual login but using the generic one which was used by many people. I have to proof that verbal contract was in place and allowing me to do the work is it a proof that contract was in place ?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Having a written contract is not essential to enforcing payment. Can you recount what you actually did in a chronological statement? Also do you have an email or any communication where you agreed what you should be paid?
Kind regards
AJ
Customer: replied 2 years ago.

The work which I was doing was specified ( it was a tariff for specific work) in a contract between Client and Firm which have given me to do this work and it was on the basis that I will be paid for this work. But Clients never signed such contract except few . I have an email which I send to the director of this firm telling them my work is not paid.I was told to continue and wait as they started to claim at that time that Companies have not paid. I am afraid I was carrying on working waiting that the payments to me would come. My invoices were ignored for many years and now I have decided to let them know if they will not pay I will take a legal action. They have ignored so I have start via Small Claim court to claim only few invoices going back 2010 , They have not filed defence yet but indicated that they will defend my claim.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The invoice is proof of a debt, but what you also need to prove is (a) That you agreed the pricing (b) That you actually did the work.
You can prove you did the work by submitting a witness statement with a chronology of the work you did and describing in detail what you did. The onus will then be on the defendant to disprove this.
The evidence that may be more difficult is showing you agreed pricing. Did you ever even have a conversation over what you might be paid?
Kind regards
AJ
Customer: replied 2 years ago.

Yes we dit and I have been drafting contract with the clients ( some of them signed for it - Clients were paying monthly fees for services and Statutory accounts, VAT verification, Annual Returns and Corporation tax were part of these fees . Such fees are well known in the accountancy firms and can be taken as an average from other establishments.

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. As long as you can prove the fees were accepted by the client either as an industry standard or through notification then that should be sufficient. Ultimately you did the work so the client had to expect you would be paid something.
Customer: replied 2 years ago.

The argument is why I have waited for so long to get my money from this firm. I have waited because I was cooperative and Clients I have served were in majority Clients I have brought to this company for the services. I did not want them to know that there are internal problems with paying me.

Expert:  Alex J. replied 2 years ago.
Thank you. How long have you actually waited, technically you have six years to claim a debt under the Limitations Act 1980.
Customer: replied 2 years ago.

All my invoices are less than 6 years. I know that company has no money to pay me as She has been paying herself and her daughter quite big salaries not leave any money in the pot to pay others. This is a limited by guarantee company and I think that my claim will mean dis-solvency procedures. It looks that I may be not able to be paid.

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
It depends how much you want to purusue the issue as it will take a substantial amount of time but if the company goes into insolvency then the directors conduct will be scrutinised. If they have been diverting money to avoid paying creditors they could under certain circumstances be personally liable for the company debts and could be struck off as directors if they have been cynically avoiding paying he creditors.
I would say that it has to be worth at least trying to get a judgment against the company which you will then have 6 years to enforce. If you do not want to push to the company into liquidation then maybe someone else will in the future. At least then you would possible have a Judgment.
Any feedback is gratefully received.
I look forward to hearing from you.
Kind regards
AJ
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