[drive surgeon]

hi can anyone advise me where to get a payment disclaimer from. my friend did a load of work for a company and when he finished they said they were not paying him. he did the job to the standard required so he is taking them to court.  now he is looking to get someone to sign for work to commence and payment on completion of work done.  has anyone got a copy of one? please.

[drive surgeon]

a template for a disclaimer for work to be carried out.

[cml]

Hi, Just not quite sure what you want to achieve  with your disclaimer.

Who gave the instructions for works to commence?  What were the agreed terms?  Was this in written or verbal form etc., (write all these down)
A payment disclaimer serves no purpose now if it was not part of the original agreement nor brought to the attention of the company.

If the client is not satisfied with the works done then they can ask for remedial works or terminate your friends services.  Your friend  needs to set down what works has been completed in a letter to the company and ask them to respond within the next X days commenting on  what they are not happy with and hold in dispute to paying his fees.  Other works not indispute will need to be paid for as agreed 'on completion'.    

I now tread carefully with my advice whilst I do not have all the facts .......  I suggest that you  seek legal advice on how to recover monies for part or full performance of an agreement to carry out works.  But some, part , reduced or full payment is recoverable.  If you have any agreement to carry out works your chances of success may be high.  If you have cause damage or poor workmanship the amount claim will start to decline to ofset the companys cost to putting it right.

[drive surgeon]

no i was just looking to see if people get someone from the company who want a job done  to sign a form to say they want the work to commence and that they will pay you when the job is done to the required standard???

im still waiting for money from a company since july.  been on to them lots and they say oh yeah it will be with you soon. dont know what to do next?/

do you guys have a date on your invoices saying when payment is due by?

and if they dont meet the deadline what do you do?

[cml]

It would make good practice to have work orders signed on completion to ensure clients are happy with works carried out.  On the otherhand a large number of small companies do not do this.  However it does not mean that you cannot recover monies owed after performance.

For good practice where you can get works signed off.  Where you are still waiting for payment from a company since July, whether you have terms of payment on your invoice or not legislation looks at a reasonable time for payment.  I suggest you look at a website I think it is called payment ontime.  It allows you to claim compensation for late payments/ charge interest etc.,

We do where possible get our clients to sign our work orders on completion and allow them a reasonable time to dispute works.  Payment terms are also clearly displayed on our invoices indicating when payments are due.

I hope this helps

[clinton]

July seems a long time for you to get a payment now mate.

Might be the firm is having cash flow probs

Were the happy with the work carried out

How much was it for

[drive surgeon]

only 100 quis but thats not the point clint, they know they owe me it so i will be after them!

[clinton]

I know mate what you mean mate.

Why wont they pay

Its one of those that niggle at you so i would either forget it and move on or go and get your money.

[drive surgeon]

it was for extra work after i had cleaned.  they paid me for the rest but they owe me for the extra work.

[clinton]

They might not be happy with the extra clean mate

[drive surgeon]

no its not that, i always do a good job   the custy was happy.

[darrenbale]

We have due dates printed on our invoices. We usually contact the custy on the date due if we haven't received payment, then we give them 5 days to make payment. after that we start charging interest on monies due.

[BDCS]

I'm in the same situation, we're owed nearly £7k (22 different clients )some dating back to march ! What do you do if your just a subbie and the firm you worked for has'nt been payed themselves? If you rock the boat too much you won't be asked in the future. You have to get the wording correct and make the right moves else when it goes to court and the wig asked what has gone on your case will be thrown out if you failed to get it right.  I just look on it as savings as I will get it in the end - only lost £240 in 6 years and he had his drive cleaned just before he did a runner and the house was snatched back, you can't take them to court if you can't find them but you can claim it back against tax

[mk1]

payontime.co.uk[url=http://]]]payontime.co.ukhttp:// very useful site 


Address 1
Address 2
Address 3
Address 4

[Date]

Dear

Reference/ Account Number:

Have you forgotten?

Your payment of  £[amount] for your [month] account has not yet been received.  Is there a reason for this?

We are exercising our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation, as we have not been paid according to the agreed credit terms.

Please send your payment to reach us by [date].

Thank you.

Yours Sincerely

Credit Services Manager

Amount overdue         :           £

Interest                      :           £

Debt recovery costs    :           £

Credit Limit                :           X days from date of invoice

Account                    :           123456

[cml]

in the same situation, we're owed nearly £7k (22 different clients )some dating back to march ! What do you do if your just a subbie and the firm you worked for has'nt been payed themselves? If you rock the boat too much you won't be asked in the future. You have to get the wording correct and make the right moves else when it goes to court and the wig asked what has gone on your case will be thrown out if you failed to get it right.  I just look on it as savings as I will get it in the end - only lost £240 in 6 years and he had his drive cleaned just before he did a runner and the house was snatched back, you can't take them to court if you can't find them but you can claim it back against tax





No offence intended but as a sub contractor or not unless you have made an agreement for your invoices to be settled when your main contractor is paid by his client then your in a position to wait until this has been completed. (however this would be considered a very weak agreement and not beneficial to your company).

What ever problems the main contractor has with their client their payment does not affect your agreement with them directly on how works should be paid unless you have agreed to the statement or similar above.  You should not be in a position to feel that you have to wait until they get paid and suffer the consequence afterall when would you actually know when they are paid.
You are running your company which should not be dictated by another.  If you have put all your eggs in one basket and are relying on this main contractor to supply works for your company you could be in line for serious cashflow problems.  Think again.  It is your business and should be independant.  Try to source business elsewhere without undue reliance on this main contractor.  Try to ensure you follow up payments letting them know you are no push over.

[suffolkclean]

I have used a letter twice over the last few months and it has worked both times. The thought of them having to pay debt recovery fees + interest on top of there bill is a bit of a frightener for them. If you don't get payment find yourself a debt recovery agency.

Dear Mr________
I am writting with regards to overdue payment for work completed on ______ . We have contacted you on numerous occasions with regards to payment.

Payment is now overdue and if we do not recieve payment within the next 7 days of the date of this letter, your details will be passed over to our debt collection agent. If your information is passed over you will be liable for all debt recovery costs which will be added to your outstanding bill along with interest.
I look forward to receiving your payment by ___________ .

It worked for us.

[drive surgeon]

sounds fantastic  suffolk clean! 

[drive surgeon]

have you really got a debt recovery agent?  if not what if you still dont receive the money by the date you say? do you go down with a gun?/

i like the idea of bluffing them tho to pay up!

[suffolkclean]

Hi drivesurgeon, we were prepared to use a debt collection agency if they didn't pay up by the date shown on the letter. The thought of them having to pay all sorts of extra fees should hopefully work.

if you go to  www.payontime.co.uk it allows you to download the forms etc you need.

Also a good idea to send the letter to the company who owe you the money recorded delivery, then if they say 'oh we didn't get your letter' you can then get a copy of the signature.

Good Luck

[drive surgeon]

great advice suffolk clean, many thanks