Contracting - Agent not paying for Services

[SicknTired]

Hello,

I was wondering whether anyone could clarify my position with regards to some outstanding payments for some work I've completed on a contractor basis.

A few points to consider before looking ahead;

• Payment terms for each event are 30 days from invoice.
• Invoices are sent via email at the end of each event.

I'm a mobile DJ, and work for an agent who is supplying regular DJ work.

My agent appears to be reluctant to pay for the services which I have provided, and when I chase him, there always seems to be a reason why he hasn't been able to pay. I submit invoices at the end of each event, and always make sure I get a signature on each from either; the person who's booked the disco or a member of staff at the venue (Supervisor and Managerial levels).

I have chased the overdue invoices on a regular basis when due, and I rarely get sufficient remuneration for the services supplied. I have been paid partial amounts between £20-£50 on occasions where he has wanted me to head to a venue and provide a disco for another event, however he is struggling to pay full amounts.

Accordingly, he now owes me just over £1150, and is saying that he can't afford to pay me. 3 of the 4 invoices are now almost 3 weeks overdue, the remaining invoice is nearly 2 weeks overdue.

I've spoken to him verbally multiple times about the overdue invoices, and have explained that I need payment. Likewise, I have emailed him the invoices again and have reiterated what was mentioned verbally. I have mentioned that payment can be made in multiple ways; PayPal, Bank Transfer, Cash in hand. Despite this, no full payment has been made. As a side note, I'm reluctant to ask for a cheque, as I can see this bouncing thus starting the whole cycle over again.

The last conversation we had, I mentioned that I'm not going to let the overdue invoices slide, and that I'm not prepared to simply forget about the money in question.

What can I do regarding the overdue invoices? Can I charge him interest on it? Or do I need to proceed with a small courts claim? Are there any other routes I can go down?

I'm not intending on doing any further work for this agent, so not worried about the repercussions. I was just want the overdue payments paid.

Any help on this situation would be much appreciated.

Kind Regards,

Jamie.

[ssparks2003]

Re: Contracting - Agent not paying for Services

You can charge intrest, but you still need to obtain the money from him. Suggest a LBA giving him 14 days to clear all outstanding debts then proceed to MCOL.

[ostell]

Re: Contracting - Agent not paying for Services

........ And possibly find another agent.

[SicknTired]

Re: Contracting - Agent not paying for Services

Just to add to this, I have contacted my now ex-agent via email and mentioned that I will be sending a LBA for the outstanding money, and I also provided a breakdown of the costs.

He has replied with the following;

"These have all been paid so I suggest that before you send an email with threats of court action you get your facts right first, if i receive another email i will be charging you £50 every time I read one, all of January has been paid and so has February apart from the last one they were all paid cash apart from the £250 which was paid in via transfer last week. As a side note there was no contract for 30 day pay!!!!"

Where do I go from here? I have transaction logs of all money coming in and out, and have proof the money is owed, however it appears he's reluctant to co-operate.

Also, charging £50 for reading emails, is that even legal?

[FlamingParrot]

Re: Contracting - Agent not paying for Services

Just to add to this, I have contacted my now ex-agent via email and mentioned that I will be sending a LBA for the outstanding money, and I also provided a breakdown of the costs.

He has replied with the following;

"These have all been paid so I suggest that before you send an email with threats of court action you get your facts right first, if i receive another email i will be charging you £50 every time I read one, all of January has been paid and so has February apart from the last one they were all paid cash apart from the £250 which was paid in via transfer last week. As a side note there was no contract for 30 day pay!!!!"

Where do I go from here? I have transaction logs of all money coming in and out, and have proof the money is owed, however it appears he's reluctant to co-operate.

Also, charging £50 for reading emails, is that even legal?

That's a scare tactic that's becoming more common, a well known website has been encouraging people to invoice DCAs when they contact them, for years, so it's not surprising to see it being used to stop you from sending emails. Yet again it's time to use this little picture!

A letter before action should be exactly that, it should be sent by post, by recorded delivery so they have to sign for it and you can track it. There is little point in telling them you will be sending one.

A LBA is actually a legal document which should be sent prior to issuing a court claim. It should set out things clearly and to the point and set out:

• Where they have gone wrong (i.e. not paying your invoices as per the terms specified on them)
• What they could do to make things right (i.e. paying the outstanding amount)
• How much you'd be claiming, including any costs, which have to be reasonable expenses such as postage costs, not wild 'costs' such as £50 for reading an email.
• A list of documents (such as invoices and reminders) you'd be relying on
• A statement that you'll start court proceedings if they don't reply to your letter before action and a reminder that they will incur additional costs if it comes to that
• A date by which you expect them to reply, it's customary to give them 14 days.
• A reminder that both parties must follow certain rules as set out in the pre-action conduct: http://www.justice.gov.uk/courts/pro...action_conduct Basically a paragraph saying that, according to Paragraph 4 of the pre-action conduct practice direction (PD), there are sanctions the court can impose for non-compliance with the practice direction.

Let's see if they still want to charge you £50 when they see a proper letter before action in front of them! :grin: :grin: :grin:

[SicknTired]

Re: Contracting - Agent not paying for Services

I've had some progress!

My ex-agent has mentioned that he has the money available, but he wants to pay me in cash. Now, he's said this many times before, and after driving 35 miles to his house, the money isn't there. I have asked him to do a bank transfer of the money, however he is stating that he's "not allowed to do bank transfers due to his injury".

I don't want to collect the money in person, and he won't give the money to anyone to pass on. He's a nasty person, and I know his violent temper gets the better of him most times. Accordingly I don't want to put myself in that situation. Is there anything I can do?

Additionally, I have drafted up a LBA and was wondering what the deal with late payment charges is? Can I charge a late payment fee per invoice overdue, or is it one charge for the full overdue balance?