Student. Small Claims court

jackjay28, post: 23822, member: 28639 a écrit : Hi,

18 months ago I did one freelance job while I was a student. I was under the impression that any work I did was free from tax and that I was also exempt from NI contributions - I'm still not sure what the rules are if you are a student.

Anyway, after 18 months of emails back and forth I'm still getting excuses on why they can't pay (£1050). In terms of the strength of my case, every email sent back makes it clear that they are happy with my work and admit to the money being owed

Understandably I'm quite frustrated and I'd like to take them to a small claims court. After discussing this with friends I've been told that as I didn't register self-employed while I was studying, taking this to court would cause me more problems. Now I've had conflicting advice about this and I'm still not sure.

I'd obviously back-date any tax owed if it came to that, but I' not even sure if I would owe any - let alone get myself in all sorts of legal problems.

I have since graduated and I have recently become self-employed.

Any advice would be greatly appreciated.

Thanks.

hi Jackjay,

Apologies for the delay in our response.

Now putting aside the concerns you have in relation to taxes and the like (as we aren't qualified to offer an opinion on those subjects) we can say that it sounds to us like you have a good case for recovery.

Provided you have a clear chain of communication that shows the original agreement, delivery of services and subsequent invoice then you *should* have just about everything you need to move forward.

Our view is that you simply aren't being treated fairly and that an 18 month delay with no payment is completely unacceptable.

At this point we would recommend using the final demand email/letter available here https://www.free-work.com/en-gb/tech-it/blog/freelancer-news/how-freelancers-demand-payment-for-their-services and sending this to the client, including a claim for all late payment interest and costs applicable under UK law.

If the client will not or can not agree to make immediate payment then either issue a county court claim or look for a reputable debt recovery agency who can work on a no collection no commission basis.

Small claims is remarkably easy to use but does require payment of a small amount in court fees. In addition it can be confusing for a layman in certain circumstances.

Debt recovery should have no upfront costs and no costs if the agency does not recover the money owed, but you will need to look for an established company and check their references thoroughly.

Either way, it sounds like the time has come for this reluctant client to pay up 😃