Overdue invoice

Author
Discussion

singlecoil

33,990 posts

248 months

Wednesday 13th October 2010
quotequote all
Rach* said:
Manks said:
Rach* said:
I have a confirmation from the agency for 1 of the days, but nothing for the others.

No response on the dentists forum, asked if anyone had any experience or a contact at management level



eta, nothing from postie except phone bill frown

Edited by Rach* on Wednesday 13th October 12:44
Can you prove that you worked there for the days in question? Have you any written correspondence from the practice regarding your claim that refers to the hours worked?
Nothing unfortunately
It's not a problem, though. You know you worked there, they know you worked there, the judge will believe it too, I expect.

Gruffy

7,212 posts

261 months

Wednesday 13th October 2010
quotequote all
Rach* said:
do you think I should wait until my deadline (friday) has past or just start t higgins now?
Start now. The account setup takes a little time as they are careful to verify your company details. The LBA will have the standard "if you have recently paid this then you can ignore this letter". If it's late enough to bother you this much then I'd press the button now. Then you can (usually) just sit back and it'll take care of itself from there.

Rach*

Original Poster:

8,824 posts

218 months

Wednesday 13th October 2010
quotequote all
Gruffy said:
Rach* said:
do you think I should wait until my deadline (friday) has past or just start t higgins now?
Start now. The account setup takes a little time as they are careful to verify your company details. The LBA will have the standard "if you have recently paid this then you can ignore this letter". If it's late enough to bother you this much then I'd press the button now. Then you can (usually) just sit back and it'll take care of itself from there.
Thank you, I've just registered and I had to scan stuff to set up my account, so should all work out timewise.



Thanks everyone for your support smile


Manks

26,537 posts

224 months

Wednesday 13th October 2010
quotequote all
singlecoil said:
Rach* said:
Manks said:
Rach* said:
I have a confirmation from the agency for 1 of the days, but nothing for the others.

No response on the dentists forum, asked if anyone had any experience or a contact at management level



eta, nothing from postie except phone bill frown

Edited by Rach* on Wednesday 13th October 12:44
Can you prove that you worked there for the days in question? Have you any written correspondence from the practice regarding your claim that refers to the hours worked?
Nothing unfortunately
It's not a problem, though. You know you worked there, they know you worked there, the judge will believe it too, I expect.
I wouldn't be so sure about that. I think Rach needs to find some evidence of her angagement and the quantum of the claim otherwise I would not even bother putting in a claim.

Rach, did you at the time advise the agency when you were working for the practice?

Rach*

Original Poster:

8,824 posts

218 months

Thursday 14th October 2010
quotequote all
I don't have any proof, the practice have obviously dropped themselves in it with regard to me working there extra days. If it came to the crunch maybe some of the patients would remember me treating them?.

Still no cheque today, just waiting for my registration with T Higgins to be done now, sent them all my info last night.

Manks

26,537 posts

224 months

Friday 15th October 2010
quotequote all
Rach* said:
I don't have any proof, the practice have obviously dropped themselves in it with regard to me working there extra days. If it came to the crunch maybe some of the patients would remember me treating them?.

Still no cheque today, just waiting for my registration with T Higgins to be done now, sent them all my info last night.
In the absence of evidence I think bluff is your best course of action. Dragging ex patients into it sounds difficult and are they really going to want to risk offending their dentist?

If it gets as far as court without you providing evidence, the dentist will probably just deny that you worked. Without proof of any type, a judge will likely find in their favour and you will have wasted your time and money. You will also need to pay their costs (limited to about £65 if I recall correctly).

I think scaring into submission before getting near court action is the way to go and imply that you have evidence of the hours worked. You or your solicitor could also prepare a court claim and fax it to the practice without actually submitting it.

There's a better than evens chance you'll be paid I'd guess. Though if you don't you have not lost your money, you have paid for a valuable eduction which will probably save you thousands in the future.

I think you also need to be careful about appearing to be complicit with the practice in cutting the agency out the loop.



singlecoil

33,990 posts

248 months

Friday 15th October 2010
quotequote all
Manks said:
If it gets as far as court without you providing evidence, the dentist will probably just deny that you worked. Without proof of any type, a judge will likely find in their favour and you will have wasted your time and money.
I think the chance of the judge believing the practice, should they choose to deny that she did the hours she is claiming, against Rach's word is very unlikely. The practice would be asking the court to believe that they received several fraudulent invoices from a person and did nothing except not pay.

Manks

26,537 posts

224 months

Friday 15th October 2010
quotequote all
singlecoil said:
Manks said:
If it gets as far as court without you providing evidence, the dentist will probably just deny that you worked. Without proof of any type, a judge will likely find in their favour and you will have wasted your time and money.
I think the chance of the judge believing the practice, should they choose to deny that she did the hours she is claiming, against Rach's word is very unlikely. The practice would be asking the court to believe that they received several fraudulent invoices from a person and did nothing except not pay.
Not fraudulent, mistaken.

The DJ is not simply going to find for her because she might be telling the truth. She needs some evidence.







Rach*

Original Poster:

8,824 posts

218 months

Friday 15th October 2010
quotequote all
Lets hope it doesn't get that far, if it does get to CC, then I will report them to the GDC for bringing the profession into disrepute.



So todays deadline from initial nasty letter has passed. Stupid question about compensation....

I'm presuming I'm entitled to compensation under the Late Payment of Commercial Debts Act, of £40.
Would that be per invoice, each day I worked had a seperate invoice or 1 x £40 for the whole outstanding amount?

carreauchompeur

17,869 posts

206 months

Friday 15th October 2010
quotequote all
How annoying. Nothing to add but to wish you good luck. I can't believe how remiss they are being, could be some financial problems behind the woodwork. Or they're just being dicks. Suitably pointed letter/summons should do the trick. If it gets that far, be sure to add suitable costs.

Simpo Two

85,857 posts

267 months

Friday 15th October 2010
quotequote all
Rach* said:
Lets hope it doesn't get that far, if it does get to CC, then I will report them to the GDC for bringing the profession into disrepute.
As per my previous posts. They will have far more clout than any court malarkey. GDC can strike off dentists so I'd try that first before going legal.


Rach* said:
I'm presuming I'm entitled to compensation under the Late Payment of Commercial Debts Act, of £40. Would that be per invoice, each day I worked had a seperate invoice or 1 x £40 for the whole outstanding amount?
Fear that's fantasy. If they pay you the original amount, you're hardly going to sue for £40, and they know it.

Rach*

Original Poster:

8,824 posts

218 months

Monday 18th October 2010
quotequote all
So I hand delivered a letter, threatening small claims and reporting to the gdc and pct, they received this morning, I've now had an email saying they have sent 2 cheques, which must be lost in the post, yeah chinny reckon. So I called back and said I want to collect in person. They're now checking with some other manager if this is ok.

I'm all moved into my new house so I have 2 free days to do my sit in at the practice if they're going to be difficult.

Kermit power

28,810 posts

215 months

Monday 18th October 2010
quotequote all
Rach* said:
So I hand delivered a letter, threatening small claims and reporting to the gdc and pct, they received this morning, I've now had an email saying they have sent 2 cheques, which must be lost in the post, yeah chinny reckon. So I called back and said I want to collect in person. They're now checking with some other manager if this is ok.

I'm all moved into my new house so I have 2 free days to do my sit in at the practice if they're going to be difficult.
In the meantime, there's your proof that you worked there, so make sure you keep the email safe! After all, why would someone make excuses about cheques lost in the post for someone who hadn't done the work in the first place?

blindswelledrat

25,257 posts

234 months

Monday 18th October 2010
quotequote all
Kermit power said:
[, so make sure you keep the email safe!
biglaugh as opposed to what? leaving it lying around somewhere where the dog might eat it or the kids might draw on it?

scubadude

2,618 posts

199 months

Monday 18th October 2010
quotequote all
Just saw this thread and wanted to wish good luck...

I love my business but hate the time I see as wasted spent chasing people when I strive to pay before due all the time.

Am gradually removing credit from anyone and everyone possible and encouraging as many as possible to pay by card of BACS in advance or on dispatch (encouraged by discounts)... I realise thats not something you can do for services rendered...

I've also rewritten our T's & C's to cover non-payment with a list of what will happen, when and what it might cost, pointing people to reread the T's & C's has loosened a couple of cheque books.

What galls me is if I take something from a shop and don't pay they'll call the police who'll arrest me on the spot (I would hope) and DO something about it but if a business fails to pay (and steals in morally the same manner) there is so much less you can do and very little of it immediately.

The end result is even my honest and regular paying customers now don't get credit which may discourage them or reduce their orders size (I fear) its a right royal PITA all round frankly.

Rach*

Original Poster:

8,824 posts

218 months

Tuesday 19th October 2010
quotequote all
Thanks scubadude.

So yesterday the account girl was asking her manager if I can collect a cheque in person, I phoned thus morning to chase her up, she says she'll get back to me by noon, I'm so pissed off, ill call again at 1.

arfur sleep

1,166 posts

221 months

Tuesday 19th October 2010
quotequote all
Rach* said:
Thanks scubadude.

So yesterday the account girl was asking her manager if I can collect a cheque in person, I phoned thus morning to chase her up, she says she'll get back to me by noon, I'm so pissed off, ill call again at 1.
- They are now taking the piss.
- Go down there now and complain loudly in reception about theft etc.

My contractor friend lost about £2000 last year because he didn't follow up on a company that owed him cash. They were bankrupt within a couple of weeks and he's not seen a penny yet nor is likely too apparently.

carreauchompeur

17,869 posts

206 months

Tuesday 19th October 2010
quotequote all
+1. Sit in reception until you get paid, and THEN report then to the BDA, they are royally taking the piss.

Rach*

Original Poster:

8,824 posts

218 months

Tuesday 19th October 2010
quotequote all
I've just phoned back, she says the manager still hasn't replied. I suggested she get him on the phone or I will take them to court. She says, but my manager said we have sent 2 cheques.
I told her I didn't believe that for one minute.

She will phone me back after lunch.

I need to make myself busy, I'm livid

matthewg

1,396 posts

167 months

Tuesday 19th October 2010
quotequote all
I would go down there until I got the cheque.