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MAJOR PAYMENT ISSUES WITH ONE CLIENT - ADVICE GRATEFULLY RECEIVED

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12 years 4 months ago #696 by Tipping
Dear all,

I am a freelance Graphic Designer, and I have several (design agency) clients, one in particular that has given me quite a chunk of work over the last year or so. However getting paid by them has always been problem. In these less than buoyant times I've done my upmost to be reasonable, waiting for payment usually for some 3-4 months after invoicing.

When I do chase for payment, I get the usual response of 'we're awaiting to be paid by my client'.. now I know this really shouldn't be my problem, as my contract is with them.. not their subsequent client.

I've played nice, i've been more the reasonable and understanding, but now having just received a part-payment for a tranche of invoices that date back to early March, I feel enough is enough, as my savings are now running out, and i now feel as iIm being used as a free line of credit by these people.

I'm not bothered about souring any future working relationship with these people as I feel that the situation is now now irreparable as any level of trust has evaporated.

Any help, advice on this issue and what next steps to take would be gratefully received. I'm still currently owed some 8K for invoices submitted and approved by them, dating from early March to the end of May.

Many thanks in advance for any advice offered.

Cheers

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12 years 4 months ago - 12 years 4 months ago #700 by David J
Hello Tipping

The first thing to know about the late payment legislation is that you can retrospectively claim interest and compensation on each invoice that has been paid but was paid later than your agreed terms or the default period of 30 days.
It is best to create a late payment claim letter for each invoice either paid or currently outstanding.
It gets more complicated when invoices have been partially paid because daily interest is calculated on the principal and does not reduce throughout the life of the debt.
There is plenty of information on this site to help you understand your statutory rights and how to make a claim. Or tools such as the advanced statutory interest calculator that will make all the calculations for you including part payments, create the late payment claims and follow up letters plus track interest and compensation on a daily basis.

I hope that helps

Regards

David

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12 years 4 months ago #701 by Safe_UK
Given the previous payment performance of this company, what is the likelihood they will pay the remaining £8K in a way that means you don't suffer?

If the likelihood that they will pay in an acceptable time is slim, hitting them with a claim for costs and interest on every invoice going back the full six years is unlikely to hurt your interests.

However if the chances are that you will be paid in a time frame you can afford/live with it may be prudent to hold off on the addition of late payment charges until after the remaining monies have been received.

The only reason we suggest waiting is that issuing a retrospective claim is often taken badly and any resulting ill will may substantially delay receiving the remaining payments.

If you have a friendly contact at the agency we would suggest having an "off the record chat" outlining your grievances and plan of attack if your payments aren't bought up to speed ASAP.

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