Right,firstly I am sorry for the essay but this one is a little detailed.
I am not going to name names here, those of you who can use forum search will be able to find out the parties to this dispute without me going around and putting badness into print. Which could end up being very important.
I need advice. My major client up to the middle of last month is refusing to pay for a job. The job in question was from Dalkeith to Swindon, a distance of 362 miles for which the notified rate was £430. This equates to £1.187 per mile, significantly lower than the £1.50 per mile offered when I signed up with them but it was out of Scotland. They say that when rates are low out of Scotland then other jobs are rated higher so that the week averages out at £1.50. This particular week averaged out at £1.146 per mile.
As previously shared with the forum I arrived at the Swindon location early, was kept waiting for 2 hours and was verbally ridiculed and abused by the staff. As a result, I became frustrated and my language became intemperate for which I apologised at the time. Later the manager was called out to my vehicle as I had “a problem with a member of her staff”. I explained that I had become frustrated and used a single swear word for which I apologised, that I didn’t have a problem with a member of her staff and that I just wanted to be tipped and away. She then told me that the warehouse team would be going on break soon and would get round to me in an hour or so. At this point I advised that as I had been on site for over two hours, waiting that long may incur extra charges, in a conversational tone, not threatening, just informing and she then rejected me and barred me from site.
From W H Smith I then went and waited for 45 minutes at Swindon truck stop before being diverted to a company in Reading who would take the load and re-attempt delivery. I made this detour, delivered the load to this company and then waited outside their site for a further 2 hours before I was told that loads in that area were scarce and I should try finding my own load. (That I did this with one phone call is beside the point.)
I parked up for the night at Gloucester services and emailed my planner asking about two jobs with outstanding details and this:
Finally, I need to know as soon as possible, definitely by close of play Friday, what the repercussions of todays debacle are. I was supposed to be deciding on what new trailers and second unit to go for this weekend but I can’t make any decisions until I know where the NINE56/deleted name relationship stands going forward.
I woke up in the morning to this response, not from my planner but from the Core Sub Contractor manager:
Good morning,
Late yesterday afternoon I had to report to my director and overall employer regarding the issue down at Swindon. As on the telephone I explained due to what ever reason the delivery you made on behalf of deleted name[has cost us no more work from that particular customer.
This in turn along with the Aldi Bolton delivery you made and recall a while ago has cost deleted name money the issue yesterday a customer were work from Scotland is priceless to us.After speaking to my director it is in my best interests that you no longer work for our company with the 2 issues above I can see this happening again at collection and delivery points. I do not take these decisions lightly but when issues like this start to effect our business you are leaving me no alternative.
This morning I suggest we cut ties and you head back home get all your proof of deliveries and invoice in to us and I will ensure you will be paid next Friday for the work you have done.
A quick bit of background: The problem at Aldi Bolton happened in the first week of December and came when I was rejected because I told them I wouldn’t be able to assure them I could unload 33 pallets of a product I had never seen, grouped by flavours and in a specific order correct first time. I was told by phone by my planner that I had handled the situation in an acceptable manner. I was also charged for the re-delivery attempt by a Bolton based haulier by way of a reduction in rate for the job.
Now. I invoiced as instructed and sent it into accounts and to the core fleet manager who wrote the above email. The following Tuesday I received an email demanding a credit for the job as an invoice query. I responded that as the load had been carried, delivery attempted, over four hours of waiting time incurred and been diverted over 30 miles to a second carrier for re-delivery I would not be issuing a credit.
That Friday I hadn’t been paid so the following Monday I called and was told that as I was no longer available to work for them I had been reverted to 30 days EOM as in line with their terms and conditions. I argued that I would still be working with them if they hadn’t opted to breach their own agreement by terminating me without notice rather than giving the 30 days written notice required in their agreement. I informed them that as the work was undertaken as a core subbie and the termination was both involuntary and in breach of their agreement, and I had it in writing that I would be paid the Friday following that termination, I would be exercising my rights to charge interest on late payments of over 30 days delay.
Last Friday I was paid all but the £430.00 for the final job which I had refused to issue a credit for. I called up on Tuesday this week and spoke to both accounts who could or would do nothing, and the subbie manager who said, “well you won’t be getting paid that.” He told me that as I had cost him a contract, plus re-delivery charges, plus failed the delivery and that they wouldn’t be paid for the job by their customer I wouldn’t be getting paid at all. Attempts to negotiate or reason were rebuffed with him again referencing me having issues at multiple sites, (Aldi at Bolton, WH Smith at Swindon, me calling the police at a collection in Sheilsknowie because the FLT driver had deliberately hit me with a telehandler,). Apparently them having me as a Subbie has cost them money, (I thought that was the idea of paying someone to do your work.) and I should be fortunate they weren’t persuing me for the costs.
In addition to this I am still awaiting confirmation of additional payment for a Melton Mowbray to Marston Green run which was diverted by Chep after arrival at Marston Green to Swadlincote.
Now I ask you guys a few things,
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As I asked them and didn’t receive an answer; Do you really think that one frustrated driver saying "can we get this f-ing wagon tipped?, apologising and then being rejected, would be enough to put the kybosh on a contract worth tens of thousands a year?
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I have the name of the director of the company who is apparently the only person above the subbie manager to whom I can refer this matter. Do I write to this chap and hope for/expect a fair hearing?
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What are my legal options to persue payment for work done?
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Can anyone recommend a solicitor with a backbone and reasonable costs?
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Would anybody that knows the company I have been careful not to name and has personal bad experiences with them be willing to contact me by PM and share their stories in support of any claim I might make?
