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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71324
Experience:  Qualified Solicitor
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I am working with a UK company as a consultant under a

Customer Question

I am working with a UK company as a consultant under a service contract - basically self -employed. I have been working in a full time consultancy role since February 2020. The company has continually missed monthly payments against legitimate invoice subm,itted for my time and costs. Curently the outstanding debt againt invoices submitted in 31,500 pounds. I am still contracted to the company but can get no sensible answers from the senior executivbes as to why I am not being reimbursed on a regular monthly basis apart from hat they are awaitimng additional funding to arrive?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: With internal HR Manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Contractor. No, no Union involvement
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 15 days ago.

Hi there. Have they not paid anything at all?

Customer: replied 15 days ago.
they paid at the beginning of the contarct in February - approximately 12,000 pounds
Customer: replied 15 days ago.
No. text is OK for the moment
Expert:  Ben Jones replied 15 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Whilst you can obviously continue negotiating with the company to try and resolve this with them, if the payments are not forthcoming, you can eventually consider whether to take it further more formally.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Expert:  Ben Jones replied 15 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.