Advice on company not paying

[GC-Terrazzo]

Hi all looking for some advice, been working for a company on and off for last 5 or 6 years, usually only work for them from aprill to december when the big supermarkets start. So worked for them most of last year as normal and started a job for them in november and it was finished just before x mass, got payed for all the price work and there was 10 dayworks left, contracts manager said it would be payed in next few weeks its now a few months and he wont answer the phone or texts, texted him yesterday to tell him wanted payed in 7 days or i was taking them to court. Were do i stand with this there a huge company should i go see a lawyer or small claims court? Also in all the years ive worked for them ive never seen any of my retention money how do i get this back ?

 

[Del W]

http://www.tilersforums.com/tilers-forums-arms/51596-need-advice-non-payer-2.html

 

[GC-Terrazzo]

Had a look through that, sill not sure whats best for me to do a lawyer or small claims ? also any1 know about retention money and getting it back ?

 

[Del W]

Dont think you should use a lawyer, retention is kept to cover any possible defects regarding your work.Different companies have different holding times.When you send a letter about your day work outstanding,do the same for your retention.

 

[nybor62]

i use a pal of mine 6ft 4 21 stone x pro rugby player usually does the trick

go down the route in pebbs post , good luck

 

[Andy Allen]

pebbs letter worked for me, as soon as the plumbers that owed me the money received the 7 day notice letter they were stright on the phone to me wanting to sort it out, you need to make sure you send it recorded delivery, just take it to the post office it only cost about £1.20 but it shows you mean buisness, and if there a limited company then the last thing they want is a court case going against them, as there credit rating will go flying out the window....trust me it works and i would have no hesitation using it again...

 

[GC-Terrazzo]

How do you know if there a limited company or not ?

 

[Deleted member 9966]

check them out at Companies House
Companies House

 

[Del W]

Try this

WebCHeck - Select and Access Company Information

 

[Del W]

check them out at Companies House
Companies House

Great minds ...

 

[Deleted member 9966]

Great minds ...

aye, :smilewinkgrin:

 

[hillhead]

A company i have been doing plenty for over the past year hold retention money on me but put it in the next chq i kid you not.
They always have some but not so much at a time.
Good luck in your quest GC.

 

[kilty55]

hi gc,if its 10 days money then go through small claims...how far back back does this retention money go?

i would send a recorded delivery letter 1st stating that you have tried to contact them and you are wondering if there are any unforseen problems as to why they havent answered your calls?

also give them 7 days to pay your monies owed,if you dont hear from them start the small claim i beleive it costs about 60 or 70 pounds

 

[GC-Terrazzo]

hi gc,if its 10 days money then go through small claims...how far back back does this retention money go?

i would send a recorded delivery letter 1st stating that you have tried to contact them and you are wondering if there are any unforseen problems as to why they havent answered your calls?

also give them 7 days to pay your monies owed,if you dont hear from them start the small claim i beleive it costs about 60 or 70 pounds

Ive never had any retention money from them in 5 or 6 years just never really bothered about it as they kept me busy and i earned good money working for them.

 

[kilty55]

hi gc,not sure where you stand with that mate regarding the retention going back 6 years

may be worth a chat with a solicitor as you could put your point over that they kept you busy so you didnt hound them for your retention money but now they are also not paying your 10 dayworks money you would like to be paid in full as they arent playing ball

there will be records of your work for them so i assume they cant just fob you off with that...i would pursue it asap

good luck and let us know how you get on

 

[GC-Terrazzo]

Made a letter up asking for my 10 dayworks along with the last 2 years retention in 7 days or im going to take them to court, just waiting on someone to look over the letter then ill post it 1st class recorded tomorrow. Wonder if they will bother replying, i wouldnt even of bothered about the retention if they had payed me my dayworks.

 

[Del W]

You should be bothered about your retention.The last company I worked for that held retention gave it back to me after 6 months.not big bucks,but better in my pocket then in their account. 2% or 5% soon adds up after a few hundred or thousand mtrs.

 

[GC-Terrazzo]

yea true they took 5% off me evey week even on dayworks

 

[Del W]

yea true they took 5% off me evey week even on dayworks

:mad2:

 

[Pebbs]

I hate non-payers, they are the lowest of the low, it is a mission of mine to help those being owed money get their dosh. Get that 7 day letter in the post, with copies of your day work sheets. If they don't respond get down the court and fill the forms out, you can also claim for the time you have to take of from your 'work' to do this.

Get on it straight away, you know it makes sense.

Lynn

 

[Rizzle from the Portizzle]

when this happend to me i rang the company asked where the person was i had been dealing with what job he was on. had some paper work they told me i went to site gave him my bill he claimed it was the office fault i told him you are the person i have delt with you are the person i hold responable .if company does not pay you will. got home check was there sent by motor bike .once you have done the work .that money belongs to you . retension when priceing put 5% on top if you get it back your up if not no great loss. always remember 5% ret can be 20% of profitt

 

[GC-Terrazzo]

Update


Hi everyone i sent my letter off last week and got a call from the company a few days later, the guy who called me was company secretary he was very nice and just said could i send another letter in a little more detail about the dayworks and retention i was owed.
So sent another letter in about exactly what the dayworks were for and the jobs i had done over the last two years. I got a reply yesterday saying that he was advised that all payments that were due have been payed so i take it the contracts manager says hes payed the dayworks not 100% sure. Also says the retention is not due at this current time i was like what the hell some of these jobs are two years old.
He then went on to say if i pursue to court they will vigorously defend there position and that they will seek to recover any costs that they incur.
Also they said they have no contractual liability to me as all jobs were payed to my dad, ill explane how it works, my dad who has worked on and off for arvins for the last 10 years so he gets all the jobs even though im the main tiler and he labours to me, so all cheques get sent to him. The company only sends out the cheques to the boss of each squad thats just the way they pay every squad. A few times over the last two years we have ended up on different jobs and the contracts managers always said will i just send out the cheque to your dads address and i always said yes as we have the same name its just never really made a difference. So they must have contract liability to me as ive done jobs for them when im the only tiler on site. What should be my next step court ?

 

[aphilp]

There is no need to use a Solicitor for the Small Claims Court - you download the form on line, fill in the detail and send a cheque.

You might find that the Company pays you straight away once you lodge your case.

However, if you do not feel comfortable with the process on your own, you can employ the Thomas Higgins Partnership, who are bad debts collectors -Tel: 0151 630 8006
Fax: 0151 630 8005 - look at them on line.


Please give me a ring if you want some informal advice.

Best Wishes

Anne

 

[kilty55]

i gc...if they are saying you have been paid then confirm at you and your dads end all payments made on paper and amounts and dates...

also another recorded delivery letter to the contractor asking for dated receipts of all payments made to you over the last 2 years and also ask for there contractual terms in respect to when they pay on retention money ,they cant just say its not time yet demand it in writing

give them a timescale to get back to you...chase it up on the phone as well

retention is all well and good but you need to know what timescales they plan to keep it back till

 

[kilty55]

can you get your dad to get involved in this gc?

if they are playing that game ,then you will have to involve him as if he was the person paid you cant take tyhem to court i dont hink it has to be his name?