Making a small claims for non-payment of invoices
Thread poster: liz askew
liz askew  Identity Verified
United Kingdom
Local time: 03:46
Member (2007)
French to English
+ ...
Oct 17, 2012

Good afternoon
I wonder if any of you has ever made a small claims in court to retrieve unpaid monies from outstanding invoices. I have been chasing up a UK company for the payment of two invoices sent in May 2012 and despite several emails they keep avoiding telling me when they are going to settle these.

I am considering making a small claims in court.

Any comments?

Thank you!
Liz Askew


Direct link Reply with quote
 

Sheila Wilson  Identity Verified
Spain
Local time: 03:46
Member (2007)
English
+ ...
Good luck, Liz! Oct 17, 2012

I haven't had any experience of the UK SCC, but I sued for non-payment in the French one and got all that was owed me, plus interest (at many times the rate of inflation), and 99% of my legal expenses. I think all I was left to pay was phone calls and registered mail (quite a lot of that) - and some time, of course!

The company (a language school rather than a translation agency) stupidly omitted to pay after the first summons (or whatever it's called) and ended up with a VERY big bill - almost twice what they owed me! It was soooo sweet!

I hope it works as well for you, Liz. Keeping my fingers crossed for you. A word of advice, though: be prepared to be patient!
Oops - little mistake in there - sorry.

[Edited at 2012-10-17 18:08 GMT]

[Edited at 2012-10-17 18:08 GMT]


Direct link Reply with quote
 

ATIL KAYHAN  Identity Verified
Turkey
Local time: 06:46
Member (2007)
Turkish to English
+ ...
Go Ahead Oct 17, 2012

Not in the UK but in the US, I once had to go to the small claims court to retrieve a few hundred dollars that someone owed me. I was able to collect my money after the court decision. Based on this experience, I will say just go to the small claims court. Of course, "chance favors the prepared mind"(*) so make sure you are prepared in case they ask you some questions. Good luck!

(*): Louis Pasteur (1822 - 1895)


Direct link Reply with quote
 

Anna Jackson  Identity Verified
Local time: 03:46
English to Polish
Do not wait any more Oct 17, 2012

Liz,

I used this:
http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online

You have to pay £25 to set up a claim, but it is paid back to you by the company that ows you money, together with any interest owed so far.

It works - the company that ignored me for 5 months suddely realised they owed me money when they received offcial correspondence from Northampton County Court and paid wihin 2 days.

Good luck!

Anna


Direct link Reply with quote
 

Ricardy Ricot  Identity Verified
Local time: 22:46
French to English
+ ...
Negotiation? Oct 18, 2012

Hi, Liz. Maybe try to open the door for negotiations first? Just a suggestion.

Direct link Reply with quote
 
liz askew  Identity Verified
United Kingdom
Local time: 03:46
Member (2007)
French to English
+ ...
TOPIC STARTER
Told client I intend to make a small claims Oct 18, 2012

Hello everyone!
Thank you for all your replies.
I am afraid negotiation is out of the question, having had to contact this company about a dozen times now and they are not prepared to commit themselves to a date for payment. I have informed them I shall be making a small claims should I not receive payment in the next few days. Invoices from May 2012 should have been paid by now surely!
Usually the clients I work for pay me at the end of one calendar month, so I think I have been patient enough.
Kind regards
Liz Askew


Direct link Reply with quote
 

Dr. Andrew Frankland  Identity Verified
Spain
Local time: 04:46
Member (2007)
English
+ ...
Easy to do on-line Oct 18, 2012

Dear Liz,

I've only had to go through this once so far (touch wood) and I seem to remember it was very east to complete all the info on-line. Before submitting the claim I gave the client one last chance to pay -- and they did. I guess a County Court judgement is not something that they wanted on their credit record. Don't forget to include interest for late payment in your claim.

I assume you've already looked into the procedure, but just in case I've pasted the link you should follow below

https://www.gov.uk/make-court-claim-for-money/overview

I hope everything works out.

Andy


Direct link Reply with quote
 
Alison Sparks  Identity Verified
Local time: 04:46
French to English
+ ...
@ Liz Oct 18, 2012

Are they actually in England? If it's a Scottish registered company the procedures are a little different.

Best of luck, anyway.


Direct link Reply with quote
 
liz askew  Identity Verified
United Kingdom
Local time: 03:46
Member (2007)
French to English
+ ...
TOPIC STARTER
@ Alison Oct 18, 2012

Hi,
The company is in England, so no problem.
Liz


Direct link Reply with quote
 

Ricardy Ricot  Identity Verified
Local time: 22:46
French to English
+ ...
Ok Oct 18, 2012

Ok, Liz. I wish you the best of luck. And thanks Dr. Andrew for the information.

Direct link Reply with quote
 
liz askew  Identity Verified
United Kingdom
Local time: 03:46
Member (2007)
French to English
+ ...
TOPIC STARTER
Cheque received today Oct 23, 2012

After much persistence, cheque now safely received!
Thank you for all your replies.
Liz


Direct link Reply with quote
 

Sheila Wilson  Identity Verified
Spain
Local time: 03:46
Member (2007)
English
+ ...
Fingers crossed for you Oct 23, 2012

liz askew wrote:
After much persistence, cheque now safely received!


Good news, Liz, but don't count your chickens too soon. I had at least three checkes bounce in the 13 years I freelanced in France.


Direct link Reply with quote
 

Kuochoe Nikoi  Identity Verified
Ghana
Local time: 03:46
Japanese to English
Details, ploz Oct 23, 2012

liz askew wrote:

After much persistence, cheque now safely received!
Thank you for all your replies.
Liz

What form did that "persistence" take? Did the threat of legal action finally persuade them to play ball or did you actually have to sue them?


Direct link Reply with quote
 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

Making a small claims for non-payment of invoices

Advanced search







BaccS – Business Accounting Software
Modern desktop project management for freelance translators

BaccS makes it easy for translators to manage their projects, schedule tasks, create invoices, and view highly customizable reports. User-friendly, ProZ.com integration, community-driven development – a few reasons BaccS is trusted by translators!

More info »
Déjà Vu X3
Try it, Love it

Find out why Déjà Vu is today the most flexible, customizable and user-friendly tool on the market. See the brand new features in action: *Completely redesigned user interface *Live Preview *Inline spell checking *Inline

More info »



Forums
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search