Some advice (self employed non payment)

hi all
whilst in betwen jobs ( im now in full time employment) i done a couple of days work driving a 7.5 ton iveco for a local company. they instisted i was self employed, i thought fair enough. i registered self employed for 2 weeks) it came to end of the month and i gave them a invoice ( only £100 pound but its still £100 ). i put on the bottom of the invoice for money to be paid within 14 days . the time up was yesterday. i recived a text to say we`ve lost your bank details so i gave them a account number etc. I had to text them after a few hours to ask if they got text, they said yes and BACS has been set up. just checked account this morning and no sign of money… what do i do?

send them a e-mail or go to their office with a letter saying if money not in account within 7 days i will take them to a small cliams court?

Do i let it go?

i didn`t charge them a a hour early morning rate ( 03.00- 4.00 am) start nor a hour and a half to load truck up on a friday night

any advice would be very helpful
many thanks

BACS can take 2 to 3 days to show up.

You need to do the following:

  1. Send Reminder Invoice with 7 days to pay
  2. After that send “Statement of Account” showing outstanding invoice numbers, amount and again 7 days to pay.
  3. After that send “Letter of Intent” stating that if you haven’t recieved CLEARED PAYMENT within 7 working days you’ll commence county court proceedings against them and that you do not accept cheques as a payment.
  4. If they’ve still not paid, file a claim online at the county court. Costs you £30.

You have to do all the above, especially the Letter of Intent, so that they can’t turn round in court and say you’ve not given them opportunity to pay.

Don’t let it go because this is what companies do to get away with having staff for free.

For future reference it pays to have a “Terms of Business” clearly stating payment terms and that you are not liable for damages or losses etc which you get them to sign so if you stuff a wagon etc you’re not liable. I probably have mine kicking around somewhere if you’d like a copy to give you an idea.

thanks, will do that. i ll go to cash point in case as you said it may not have shown up yet but is there. ( i may be getting hot headed for nothing) but i know ill try not get myself into this again. i was just trying to put a bit of money in my pocket and feels like i`ve had the ■■■■ taken out of me … thanks again though

BACS does take a bit of time to go through, I expect to see the money in my account about 5 working days after I’ve been notified of payment.

Ask them to send you a remmitance slip or e mail it to you at least you have proof that they owe you money although this doesn’t prove theyve paid it .I get bacs payment every month usually the third working day after date shown on the remmitance slip good luck :laughing:

Depending on the banks involved a BAC’s can go through in a few minutes or a few days, way too early to start panicking yet.

Coffeeholic:
Depending on the banks involved a BAC’s can go through in a few minutes or a few days, way too early to start panicking yet.

Yeah, generally it is the same day but can take a few, there is something happening with the banks at the moment to make all BACS payments virtually instant rather than the payment floating around the system for days on end.

brados:

Coffeeholic:
Depending on the banks involved a BAC’s can go through in a few minutes or a few days, way too early to start panicking yet.

Yeah, generally it is the same day but can take a few, there is something happening with the banks at the moment to make all BACS payments virtually instant rather than the payment floating around the system for days on end.

If my brother and I make a payment into the others account it shows up in about 15 minutes or less. We are with different banks, Royal Bank of Scotland and Yorkshire Bank, and even though to us it looks like we are using BAC’s it transfers by something called FPS, which has been around for a few years now.

We have to investigate.
One posts his ank details and the other make a Payment.
we will see then how it works

Coffeeholic:

brados:

Coffeeholic:
Depending on the banks involved a BAC’s can go through in a few minutes or a few days, way too early to start panicking yet.

Yeah, generally it is the same day but can take a few, there is something happening with the banks at the moment to make all BACS payments virtually instant rather than the payment floating around the system for days on end.

If my brother and I make a payment into the others account it shows up in about 15 minutes or less. We are with different banks, Royal Bank of Scotland and Yorkshire Bank, and even though to us it looks like we are using BAC’s it transfers by something called FPS, which has been around for a few years now.

I have regular payments from Germany (which is nice) and it is fast, I get an email notifying me that it has been authorised and the Ãœberweisungen shows in my account within 30 minutes max, why the brits muck it up is beyond me :unamused:

Coffeeholic:
If my brother and I make a payment into the others account it shows up in about 15 minutes or less. We are with different banks, Royal Bank of Scotland and Yorkshire Bank, and even though to us it looks like we are using BAC’s it transfers by something called FPS, which has been around for a few years now.

I agree this is the way that personal account transfers work generally.

But commercial payments seem to go through the standard bacs system no matter which bank they bank with.

I have had an instance where I banked with the same bank organisation (different branch) as the commercial establishment and it still took 2 days :unamused: :unamused:

I sold a truck to a Latvian guy, he used my computer at 17.30, sent the money electronically and I got a letter in the post from Lloyds the following morning to say the money had been transferred. The stupid bit is though, international transactions then don’t show up on your account for about 3 days through online banking.

dar1976:

Coffeeholic:
If my brother and I make a payment into the others account it shows up in about 15 minutes or less. We are with different banks, Royal Bank of Scotland and Yorkshire Bank, and even though to us it looks like we are using BAC’s it transfers by something called FPS, which has been around for a few years now.

I agree this is the way that personal account transfers work generally.

But commercial payments seem to go through the standard bacs system no matter which bank they bank with.

I’ve had commercial transactions arrive in my bank within an hour of it being sent. I think it’s just down to the individual banks.

Commercial transaction work in the same way its just the individual banks need to be signed up to the FPS (Faster Payment System) which iirc is only voluntary

Hi, we pay people by BACS transfer at work and it takes 3 working days including the day it was sent so if a BACS payment was sent today it will be cleared funds in your account on Thursday. Hope this helps.

I would say that a truck driver that does not own the truck they are driving would find it very difficult to prove to the hmrc that they are self employed and not employed. Hmrc do check on these things just ask the guys at Rangers FC!

burnie1:
I would say that a truck driver that does not own the truck they are driving would find it very difficult to prove to the hmrc that they are self employed and not employed. Hmrc do check on these things just ask the guys at Rangers FC!

Not necessarily, all you have to do is to be available to work for any company you want, the fact that the company you are with does not want you to is neither here or there, if you are free to work for whom you want then you truly are self employed.

I had crap 20 yrs ago off HMRC about this. I owned one business and drove for several companies as and when I wanted to. They scared a few companies off, but a few told them to swivel and carried on. As the post above says, if you are free to choose who you wish to work for on a daily basis, they can do nothing. They will say different and make up all sorts of ‘rules’ on the spot, but in reality, it is still a grey area and grey cuts both ways. I still work S/E and they have simply given up as I just keep telling them to come back when they can show me in black and white, a law that says I can’t, not just some B/S from their own manual.

brados:

burnie1:
I would say that a truck driver that does not own the truck they are driving would find it very difficult to prove to the hmrc that they are self employed and not employed. Hmrc do check on these things just ask the guys at Rangers FC!

Not necessarily, all you have to do is to be available to work for any company you want, the fact that the company you are with does not want you to is neither here or there, if you are free to work for whom you want then you truly are self employed.

There is more involved than that. They look at substitution which is what you are saying but they also look at financial risk and control over the worker

Financial risk is hard to prove if you are not supplying vehicles, fuel, insurance, repairs etc

The employer can tell the driver where to go and when to do the job so there is plenty of control

Substitution I cannot see many employers being happy if another driver turns up to do your shift while you go off and do another job.

With the government trying to collect as much money as they can the hmrc are working very hard to collect as much as they can.

If they did not do this then we would be in the same boat as Greece

chicane:
BACS does take a bit of time to go through, I expect to see the money in my account about 5 working days after I’ve been notified of payment.

BACS hits the account on the second working day after it’s sent. If it takes 5 days, then they lied about sending it today, and actually sent it three days later! :grimacing:

When lettering people for non-payment, don’t forget to charge £90 for each solititor’s letter involved (which cost you £30ish) - There’s no rule that says you cannot slap on as many fees as you like once you’ve advised the punter in writing that their account is in default. 30 days with an extra charge for late payment, then take it to small claims without further ado. “The payroll clerk was on holiday/we got your bank account details wrong/the authorising manager has gone sick” and other bullcrap excuses don’t cut it. If you let these people walk over you now, they’ll always walk over everyone else darkening their door sooner or later - Do it for your fellow invoicer if not for yourself! :wink: