Advice on company not paying

[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?

 

[Mike]

it sounds like they're making scare tactics to try scare you off so you don't pursue the case. don't let them get away with it, you're owed it so follow it up. there's plenty on here to help you as you've already found out . good luck

 

[mz30]

Hi gc havin worked for arvins in the past,i concur they only pay one person outta the squad,what i dont understand is (regardless of daywork owed)why you didnt chase up your retention,from what i remember they paid half of your retention owed after 6 months and the rest after 12 months but you had to ask for your retention to be released,not sure there is a time limit on reclaiming retention,but if there is i bet their brief knows it.
Taking on a firm the size of arvins is an ask For a big company never mind a small crew,be very careful how far you wanna go with this mate could bite you on the bum.

Hope that helps

 

[GC-Terrazzo]

Im going to take them to court as i got nothing to lose and there in the wrong , obviously i know ill never work for them again,but would i really want to work for someone who treats me like this.

 

[mz30]

Hi Gc if your willing to go that way mate i wish you all the luck,you do have something to lose cause you will be liable for costs if you lose,will go to your daywork problem first do you have daywork sheets signed by anyone from arvins or the main contractor?

And to your retention am pretty sure there is a timescale on when you can claim,and to your dad being paid and not you i dont think you have a case mate,the case would have to be between your dad and arvins and as your a 3rd party the chances of getting anything will be minimal.

Am not 100% sure on the law mate this is just my humble opinion.

 

[GC-Terrazzo]

Right this is what happened with the dayworks, at the start of the job there was no bobcat for 5 days, so we had to wheelbarrow the screed in and if youve worked for arvins before you will know the builder brings in the screed. So because of the bobcat problem our 4 man squad were only doing about 200 meters a day we usually do 400 meters a day, so we starting moaning and the contracts manager said dont worry ill pay the two labours 10dayworks ontop of the meterage that week. So when the cheque came the dayworks were not in it and he said he would put them in at the end of the job, end of the job comes and still no dayworks and then now there trying to just blank it.
Also they cant say im a 3rd party at court as ive done plenty of jobs myself for them.