Money owed for work done

[newmodel]

Hi i am a decorator who has been self employed for 2 years now and everynow and then i help the brother of a friend of mine, who installs cctv and alarms, to do manual work like lay cables etc. He always pays me after each job done and then this goes through my books , once a year he sub-contracts to a security firm who install cctv in schools through the summer holidays and i help him out through this period. I helped him through this years summer holidays he has still yet to pay me, i have invoiced him 45 days ago but again no payment. I put this down to the fact that i did a 2day job with him at the end of september (seperate job from the above) and due to the fact i was left on the site alone for 2 days and i am unqualified in this area of work i walked out on the job. Since then he wont answer my phone calls or txt messages asking about payment for the first job (he basically is annoyed i walked out on the second job). Today i received a letter from his accountant saying they would not pay me unless i provided proof of a CIS card which i dont have and he knows this but has always payed me as normall the previous times, i never applied for a card as i never classed this as sub-contratcing as he was a friend.
My question is where do i stand legally and how can i get payment owed to me?
I would be grateful for any helpful addvice as this on going problem is causing trouble in my life.

[bwglaw]

You need specific advice and your situation needs to be assessed by a lawyer. I am happy to give free initial advice if you email the address below by sending any information you have, including Invoice, communications etc.

Jonathan

[newmodel]

Thank you. I will email you some info, i just need to know if i can do anyting about him thats all, i know hes doing this only to prove a point and to be akward

[bwglaw]

Rather than advise on what you have said it is better to assess the entire situation and advise accordingly so that you can strongly refute any further claims that may arise i.e. poor standard of work, walking off the job, etc. Some debtors find any excuse not to pay so it is best to have the entire situation assessed

If you are liable for your own tax/NI and have issued an Invoice then the Accountant's argument for the CIS card is a delay tactic.

[newmodel]

Yes i do pay my own tax and NI so i thought it was strange of them asking in the first place and knowing the guy it is more than likely his way of stalling. The job i walked out on was a different one and im not asking payment for that one so walking off job shouldnt affect me in this case. I will try to get some more info to you soon as i get chance, thanks for your info. So basically you saying the CIS card isnt needed to claim payment in situations where i pay my own tax and NI?

[Ian J]

Originally Posted by bwglaw

If you are liable for your own tax/NI and have issued an Invoice then the Accountant's argument for the CIS card is a delay tactic.

Do you need a CIS certificate to install CCTV systems in schools ?

[newmodel]

Dont know sorry, never needed it any other year but like said it just this guy being akward cause i crossed him and thats it he always has payed me before with no problems hes just trying to get his own back on me by with-holding payment

[bwglaw]

This is why specific advice should be sought because other issues are being flagged up. The OP is a sub-contractor and therefore it is possible that the main contractor should only have any certification. Unless the law requires certification of some sort, the main contractor has paid the sub-contractor previously without a problem and it does appear that this was not an issue until now.

CIS is "Construction Industry Scheme" - not sure how this relates to CCTV in Schools. As far as I know the CIS relates to those who are sub-contractors and the main contractor pays the tax/NI.

http://www.hmrc.gov.uk/cis/section2.htm

If there is any breach it is likely the main contractor is the cause of the breach and thus liable. Further investigation required to ascertain who is liable and for what. This cannot be established on a forum

[Dr Lunnon]

hi well ur in a pickle there,i would recomend you look at the possability of getting a more offical letter sent, if that doesn't work think about debt recovery via county court action. lawyers cost big money , you might like to try writting to him again first.good luck

[bwglaw]

Originally Posted by Dr Lunnon

hi well ur in a pickle there,i would recomend you look at the possability of getting a more offical letter sent, if that doesn't work think about debt recovery via county court action. lawyers cost big money , you might like to try writting to him again first.good luck

Hardly impartial advice I think. You get what you pay for, someone who cannot spell is likely to be very cheap but may well lack in experience or even a qualification. Do not assume all lawyers are expensive. We operate on a 'no win, no fee' basis and our hourly rate is one-third of the high street lawyer's hourly rate!