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  1. #1
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    One year and still not paid (UK Advice)

    Hi all

    I did a bit of freelance work for a small web agency in september 2005 and they still have not paid me to this day I must have called him once a month but he comes up with numerous exuses. Its only for a small amount but i still want it. Who can I talk to for free advice.

    I am thinking of getting a friend to act as my solicitor to get his **** in line.

    What should I do.

  2. #2
    SitePoint Enthusiast UnderTheGun's Avatar
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    All I can do is share my similar story. I paid $85 for some custom scripting. Never got the script or my money back. Since, the persons website/business has been removed...no longer accessible and he is no where to be found.

    If it was for a small amount, it probably isn't worth pursueing a lawyer for it. However, if you 2 have a contract and you 2 are in the same country you could go ask the police. Here where I live, even verbal contracts can hold up. You just need to prove that you made the software for him.



    And honestly.... I would probably do it since you know his contact information. Maybe get a call log and proof that you were never paid and made the software and go ask them if there is anything you can do.
    "through the coolest haze of this dreamlike maze...."

  3. #3
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    The guy is actually in London like myself.

    Its actually quite a bit compared to $85.

    Ca I name and shame him and his company?

    Moderators? Please, pretty please?

  4. #4
    SitePoint Wizard Lil_Red's Avatar
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    Quote Originally Posted by TiNiB
    The guy is actually in London like myself.

    Its actually quite a bit compared to $85.

    Ca I name and shame him and his company?

    Moderators? Please, pretty please?
    No, you cannot.

    If there is a fair amount of money involved, you ought to pay money to talk to a lawyer. Having a friend pretend to be a solicitor could get you and your friend in a lot of trouble.

  5. #5
    SitePoint Enthusiast UnderTheGun's Avatar
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    I agree with Lil_Red, especially if it's a nice chunk of chance. You deserve to be paid for your service.
    "through the coolest haze of this dreamlike maze...."

  6. #6
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    It would help if you explained what agreements were in place, contracts, paper trails, the actual amount of money involved, how you've contacted him, have you sent any registered letters, what your contract said about non-payment, have you delivered the goods to him, etc etc.

    Currently sounds to me like a case for the small claims court.

  7. #7
    Caveat surfer Buddy Bradley's Avatar
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    Quote Originally Posted by shadowbox
    It would help if you explained what agreements were in place, contracts, paper trails, the actual amount of money involved, how you've contacted him, have you sent any registered letters, what your contract said about non-payment, have you delivered the goods to him, etc etc.

    Currently sounds to me like a case for the small claims court.
    Just what I was about to say. I would send a final registered letter with copies of any previous correspondence, as a final warning that you will be pursuing the matter through small claims court (and that if the find in your favour, he is likely to bear the costs as well).

  8. #8
    SitePoint Evangelist
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    The other thing is to apply for a county court judgment against the company, or apply for a winding-up order. If they are still a going concern both of these count badly against their future credit ratings.

  9. #9
    SitePoint Guru MikeBigg's Avatar
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    Solicitors do not cost the earth ... many will do a short consultation fro 5 or 10 ... phone around and ask. When you go take all your paperwork with you. I would say that a solicitor could make a judgement on whether the money is collectable in a case like this in minutes.

    There is also the small firms service - now called small business service or business link: http://www.businesslink.gov.uk/ . A few years ago I needed some legal advice and they were able to put me in contact with a 250/hr solicitor who gave me one hour for free, through the sfs.

    There is also the federation of small businesses - http://www.fsb.org.uk/ . It costs to join, but can be worthwhile in other ways. They have a team of solicitors you can call about such things. They won't write a letter, but they will tell you what you need to say.

    Or you could go it alone through the small claims court. I'm told the website is helpful.

    If I were doing this myself I would stop calling and start writing. First letter, state your case, "I did such and such as agreed yet you have not paid me despite numerous calls" In that letter state that you will take legal action if payment is not forthcoming within 14 days. After 14 days go to the small claims court.

    The first step in court procedings is to get judgement. The next step involves getting payment. I was owed some money for some work I did for someone - I took him to court and got judgement against him. He didn't pay and the court bailiffs went in and did a walk in possesion of his office equipment. I'd love to have seen his face! His PA who I knew told me about it all. Did they pay after I got judgement? Nope! I eventually got paid, but it took some effort.

    Here is a guide from the buiness link site: clicky

    I hope it works out for you.

    Mike
    Last edited by MikeBigg; Oct 9, 2006 at 08:22.


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