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11 years 9 months ago #894 by ashley smith
Hi Andrea
No abuse of legislation I can see.

You do not issue an invoice merely a demand for payment (eg. a letter) setting out the sum due. I usually send this as a table showing
- invoice Number,
- date due,
- date paid (THIS IS THE DATE FUNDS HAVE CLEARED YOUR ACCOUNT and not the date you received a cheque),
- Days Outstanding,
- Penalty Due,
- Interest Due

And then sub total.

Send the letter give them seven days then send a Letter Before Action, eg. advising that they have three days to send you payment of you will commence action.
Finally and assuming they still aren't listening go to www.moneyclaim.gov.uk
and submit your claim. Its a very easy process.
Good Luck

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11 years 8 months ago - 11 years 8 months ago #900 by info@bostico.co.uk
Just to give an update on this issue. I have sent the interest statement, letter before action and all invoices due and overdue. Surprise..surprise they only paid the invoices and ignored the interest despite the letter before action clearly stating that FULL payment was required.
Anyways...it followed (again surprise surprise) loads of calls rather abusive to my assistant (who refused to pass me over the phone and suggested they put their problems/issues in writing). One call also was apparently from "the head of litigation" department who said to my assistant that our claim is vexatious, that they will counter sue and claim expenses, etc.

I feel a little intimidated and I thought I would give a little more back ground just to make sure I am not in the wrong here.

The first wanted the prices of a Spanish interpreter, which we gave. They said the fees must be legal aid compatible and we said they were. A few good months and plenty of orders later and after 2 invoices got paid they came back and said that our mileage rate of 0.49/mile was not in accordance with LSC and therefore if we wanted more business we had to change it. I came back and argued the main elements of the contract formation (offer acceptance consideration) AND the business that already took place. Anyways in the end I accepted to change the mileage rate only to find out that they actually went and contacted the interpreter directly. When the interpreter who had worked for us for over 8 years called us and forwarded the email we have confrunted them. They said nothing and they asked for a quote. We again gave them our standard prices (i.e0.49mile) and they said " no can do". When i came back to them and i said that provided that all bookings are through us and no messing about (etc etc) we will reduce the fee. They got back and said "thanks but no thanks" we are now sorted. So they went somewhere elese and they still owed us money. Therefore when i sent the letter before action only A FEW of the invoices were amended to show 0.45p/mile and not all as by that time they already took their business elsewhere.

Any ideas are welcome!
Thanks

Andreea Bostan

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11 years 8 months ago #904 by ashley smith
1st ensure your terms include a non poaching\circumvention clause (for the future!).

If each job formed a seperate contract then using different milage rates should not pose a problem providing that the rate on the invoice is in accordance with the contract.

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11 years 8 months ago #905 by info@bostico.co.uk
Thanks, but i am a little worried as i have read one of the posts (the chap who had 48 invoices) and in which case the judge did not allow the interest! Any case law to help this?

Andreea Bostan

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