My client wont pay me, is there anything I can do? :(

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Racing_Gal

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I have worked so hard throughout July, 6 days a week, 7-10 hours a day. At the beginning of the month we agreed he would pay me and my friend a certain amount for us to work 8 hours a day. I have worked these hours, if not more, my friend has done slightly less. All the horses have had top quality care and we have provided the fittening work promised, plus more. Now he is refusing to pay us the amount agreed, he has paid us just over half and says that is all we will get out of him. We are self employed and have no contract. I have an email from him saying he is happy with the care we have given his horses. We think that his business is struggling and that he doesnt have the money to pay us.

What can we do? (If anything) As we are self employed and have no contract I dont know if there is anything we can do. I have given him an invoice for my half of the work along with a spread sheet I have been keeping of the work each of the horses have been doing each day. This work was ment to continue until the end of August, now he has said he no longer needs us, we have been basically taking the p*** by billing him for more hours than we have done which is not ture.

I'm so disapointed, I have worked myself to the point of exhustion and I really loved the job. now I am out of work and can not get paid for last months work

Sorry for rambling and prob not making much sense! Head is all over the place today
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i would go to th CBA and see what they say, but in futire i would make sure you have some sort of contact signed and witnessed so you have comeback in this eventuality.
 
Hopefully one would assume that if your acting as as self employed,
you agreed terms and payment...and got a written agreement from your client prior to starting work??

I just know your gonna reply no to this...
In which case... you may as well work for free.... not a leg to stand on!!

If your going to do it..... do it right!!
 
Without a contract I'm not sure you'd be able to prove he owes that money, unless you have some form of written communication where he has said 'yes I will pay x amount for y service' in a casual e-mail perhaps?
From the sounds of it, if he's not paying you, you're lucky he's told you now that he no longer needs you as opposed to letting you work throughout August then tell you at the end he can't afford to pay you. He could just be ashamed about not being able to pay which is why he's asked you to stop working and is being difficult.
I'm sorry this has happened to you, and that I have no advice- it sounds very disheartening. I hope you can find some more work soon- and that the hard work you put in on these horses doesn't go to waste.
 
I have an email form him, sayig how much he will pay for how many hours. But he is saying we havent done the hours agreed. We dont clock in and out or anything like that, I dont know how I can prove I have woked those hours?? Its really my word against his I guess. Grr!
 
I do have some sympathy its very hard talking contracts etc with someone you know or have dealt with in the past. I deal with someone and we don't have contracts and l take the risk if it goes pearshaped but its a risk I'm willing to take.

You do have your friend who knows the situation so jointly you are both party to a verbal agreement. I would get some advice legally if its a lot of money owed, if just a couple of hundred I wouldn't bother with the hassle and put it down to experience.

Good luck.
 
I didnt think about the verbal agreement, I will looking into it. He owes us ££££ (not just a couple of hundred) so I have no choice than to take it further really
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thanks for your help x
 
My suggestion to you for the future...

Assuming you wish to operate as self employed..

Check some of the free small biz advice sites, get a couple of the free "terms and conditons" and a couple of the "contract examples" then manipulate them to suit the services your offering. Save them as a template.

Next, with any future clients.. offer no more than 14 days credit, ie you require payment for services every 14 days if the work is over a period of time. If not you require payment within 14 days of the work being completed.
Create a template invoice and state it clearly on the bottom.

In future prior to starting any work, make sure it's agreed on paper and signed for, you and the client need to keep a copy.

Finally, working in the field is not an ideal option, and something worth considering...
maybe agree a overall price for the complete job, rather than hourly. As you have already found it's damn hard to prove your attendance.
Therefore i you go with the lines of:
I anticipate it taking xx amount of hours to complete x,y,z
I shall carry this work out over xxx hours on xxday,xxday, etc
Due to the nature of the work, the hours are not set in stone, therefore the quote for completion of agreed work is £xxxx
Regardless of the time taken.

Just a few things worth consideration.
 
You have proof that he has agreed to pay x for y hours. He has NO proof that you haven't done the agreed hours. Do you know any friends or friends of friends who are solicitors? I am sorry if his business is suffering, but why should yours then be affected. If he can afford to keep horses, let alone ones on full livery then he can't be that broke. His problem, not yours.
 
Send him a final demand for payment,itemising the work carried out. I f he refuses to pay inthe time you state on the final demand.Issue a claim through the small claims court.Its much easier than you think.If I were you I would contact the court today and get the ball rolling.Its your money sitting in his pocket,get it back!!
 
There are various companies on the net that will collect it for you for a percentage. I would firstly write to your boss and ask for the outstanding money to be paid and give a time limit, say 7 days, either hand to him personally or send recorded and make sure you keep a copy, if that fails get a company to collect on your bewhalf.
 
Hopefully you are sorted now with solicitors' advice. However, if not, consider using the small claims court. It will cost you about £120 but that's all. Is your sum worth it and do you have proof in writing of your contract. Do you have witnesses to the hours you worked. If so, tell client in writing, titling letter "Letter before Action" and that he has 7 days to pay up or you will be pursing it through the small claims court. Also tell the client that if you have to take it further you will be claiming expenses as you can pursue this through the court up to £5000 and not be liable for costs. I think all this is right but double check with your solicitor or maybe you have access to the BHS gold legal helpline?

Good luck.
 
There will always be people that try it on I am afaid.

I would simply and without further delay take him to the Small Claims Court.

If after 4 weeks after the issue of the summons he has not replied to the court you simply ask the court to give a judgment (ask for instant payment of the full amount and interest added).

From this point on he will find it difficult to get any new credit as the debt will be recorded.

If he has not paid after the 4 weeks then ask the court for a Garnishing Order which will mean that he will have to appear in front of a judge with evidence of all his income and expenses (it is normally at this point that the most hardened of debtor pays up!)

Here is the linik to the small claims court on line. If you need any help just contact me.

https://www.moneyclaim.gov.uk/csmco2/index.jsp
 
[ QUOTE ]
Hopefully you are sorted now with solicitors' advice. However, if not, consider using the small claims court. It will cost you about £120 .

[/ QUOTE ]I dont think its nearly as expensive as this,and it depends on the amount you are claiming,phone the court office and ask.
 
Do make sure your own house is in order - someone I know had trouble getting paid by a client, went after him, and ended up in all sorts of hot water because she hadn't actually been paying her taxes etc, she had been working cash in hand!
 
Although you haven't got anything in writing, a verbal agreement is still a form of contract, although it does make things a bit more difficult to prove.

If you go through the small claims court, you can always add your costs to the claim, therefore paying back any expense. That is if you win of course! Best of luck.
 
Just some advice re filing through the courts. If you do this - which may be the best plan, file through your local county court rather than moneyclaim - as you have a limit to the number of words used to describe your claim with money claim. Is always best to be able to be thorough and precise by filing locally where you are not limited and can also attach particulars of claim. Depending on the value of the claim will decide on the cost to file, so probably will be in the region of £120.

Good luck - filing in court is no where near as daunting as you think it may be - and can be very sucessful.
 
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