I have had some bad clients since going full time freelance. It's about a 70 / 30 split maybe 60 / 40. With the lower portions being bad debts.

 

It's quite a high number and these projects fell at crucial times, right before a site launch after the majority of work had been completed. However the invoices were lumps of around £300.00 each time which was my floatation for the times between the finish of last and start of a new contract.

 

The invoices go back to around February 2010. I'm wondering if sufficient evidence can be supplied, e.g. time tracks, email proof of work, files etc. I would have a reason still to pursue these unpaid bills in a small claims court?

 

Any ideas, feedback, tips or ipso factos on this would be hugely appreciated.

 

Thanks guys and girls.

You can chase a bad debt for as long as you need to. Don't forget to add statutory interest - that's your right whether it was specifically stated in the contract or not, and if a contract specifically excludes charging interest (shouldn't do, if you're freelancing it's YOUR contracts you should be using) and the client reneges on a payment, you've got a good chance of challenging it as an unfair contractual term.

 

Best thing to do is send a new invoice to each client for the amount plus statutory interest, specifying 7 day terms. Explain in the covering letter that you're charging interest under the Late Payment of Commercial Debts Act. If they haven't paid after the 7 days, get a solicitor to send a Letter before Action.

Edited March 21, 201115 yr by Renaissance-Design

Perfect, thanks for that mate.

 

My contracts do have late payment fees for each 5 days.

 

I have lost 1 of them along the way through house moves and mis-placed paperwork. Could email interactions act as proof over the lost contract? Namely 2 types.

 

One: a copy of the contract with a reply from the client.

Two: a mid design / development interaction saying something like "hi client x, i've carried out this work... what do you think?" and reply of "great work, can we make a change here?".

 

Many thanks

Perfect, thanks for that mate.

 

My contracts do have late payment fees for each 5 days.

 

I have lost 1 of them along the way through house moves and mis-placed paperwork. Could email interactions act as proof over the lost contract? Namely 2 types.

 

One: a copy of the contract with a reply from the client.

Two: a mid design / development interaction saying something like "hi client x, i've carried out this work... what do you think?" and reply of "great work, can we make a change here?".

 

Many thanks

 

If you act as if you'd never lost it, the client should never even query it. Actual physical proof should only be necessary if Steps 1 & 2 (the invoice with interest and the Letter before Action) fail and the client doesn't s*** themself on receipt of the court summons. 90% of the time the Letter before Action should do it.

Looks like it will go to Court. These bad / unhappy clients have no fear they will end up in Court. 90% of these clients are local which probably paints one heck of a picture, the other percentage are International and will be difficult to take to Scots law courts and probably quite costly.

 

Ideally, the plan is to get a steady stream of cash raise the tarnished local profile and take these guys to court. The work was completed but it's a belief they took it personal.

They'll pay. There's no way they can look at their contract, and the finished work which they're using, and decide to go to court just to pay their costs and yours for the privilege of being ordered to pay you. Unless there's some big legal loophole you haven't told me about or they're completely mad, they'll pay before court. Right now they're relying on you being too lazy/busy/laissez-faire to chase them.

In a way I say do this - these ******* clients have to learn. I've got a client at the moment who's 4 1/2 weeks overdue. First I sent my invoice, then two weeks later they wanted my IBAN and SWIFT codes - ok - apprently they "changed their account system" in the meantime - then I sent those about two weeks ago, 1 week ago they said they were incorrect, phoned my bank, they were correct. One week later still no money. And it's a corporate company too.

 

Compared to another client I've got who pays £300 chunks UP FRONT, knows how to work a PC properly, and to bot....drum roll..... uses Firefox. That's a private client.

 

Is it me or are the corporate companies worse payers? Ok they may pay more, but that's if you can crowbar it out of them.

 

If all freelancers push to get their debts then hopefully eventually clients will learn that they can't dick us about.

 

There are others on here however that might say write it off and move on. Your choice.

 

Sorry I know that doesn't help yo umuch with the technicalities, just chipping in a general opinion.

Looks like it will go to Court. These bad / unhappy clients have no fear they will end up in Court. 90% of these clients are local which probably paints one heck of a picture, the other percentage are International and will be difficult to take to Scots law courts and probably quite costly.

 

Ideally, the plan is to get a steady stream of cash raise the tarnished local profile and take these guys to court. The work was completed but it's a belief they took it personal.

 

Your clients are Scottish? That explains everything ..... (joking of course)....

Sucks to be in that situation. I'm not sure what UK law is like, but if you have a contract and correspondence available you should be fine.

 

On a side note, you could think about raising your rates. I would not put up with THAT many bad clients, and I've been reading articles regarding freelance pricing that suggests that the crappy clients are in the low end of the price range. Basically: charge more, get better clients.

 

Something to think about. Hope things work out dude!

Oh another thing (sorry for ranting) - I sued a company I was working for about ten years ago because they laid me off without proper notice. It was a VERY white collar blue chip type Pharmecuticals company. Very well known. Just me and the Citizens Advice Bureau vs them and all their lawyers, accountants etc. - I wrote to them telling them I would be taking them to court for £600. They said they wouldn't pay it. Then about a week before the court hearing was due, they sent me £550. It's a game of chicken, expect them to pay up right before the court hearing because they're trying to bluff you until the last minute.

Hey mate i feel your pains r.e. IBANS and SWIFTS, have been in a similar situation but put that one down to the International thing. Sometimes you just have to wait for the moneys. It's never been quite so long in the few situation I've dealt with IBANS and SWIFTS but when there is no money in the bank and you need it, very very difficult to continue from a motivated stand point. However there are many positives to be taken with those you work overseas with, first they valued your service enough to send it to a country that has similar wage structures (assumptions made there). Secondly they are asking for further information to get you the payment, third... There is still communication going on.

 

Dealing with corporate companies / established. Yes I agree you would think they would start to learn the ethic behind treating staff well. Eventually these companies are found out and mis-trust echoes within the company. It's frustrating, but eventually big companies do go bust that don't run on our human given right principles. Eventually they are found out and will have a massive failure. Enron anyone?

 

It pains me everytime reading these stories which are all too common, seeing some really serious and talented guys / girls slowly becoming disillusioned by the business they are so passionate about. It's up to us mate to stick together and rectify these situations. It's the very essence of consortium's and our fore-Father Tim Berners Lee.

 

What we do lack though are hard and fast ways to fix these situations, with which I'm very open to suggestions and collaborations to help alleviate for future pains of our fellow web designing Sons and Daughters.

 

Lol

Sorry never realised more people added a 2 cents here.

 

R.E. increasing rates, we live in a conflicted industry. With outsourcing and remote positions very available, i've found the shrewd and time sapping local clients very canny in the way they operate.

 

It seems as if everyone is best friends to start, great reasons to continue. They willingly engage with your going rates, but at the first moment of a failed deadline or reason to say "hey this guy is doing it all, cut him some slack" they tend to apply more pressure and get tighter with the wallets. You then have to prove your worth over and over again, whilst they continually try to "school" you on how to run a business and conduct your services.

 

Ultimately it's a never-going-to-please-them project as the demands increase, they then pay a fortune to one of those "established since" companies who outsource it to someone like you or I in either India, or a very good student who sucks at HTML. lol

 

All in all if I were to up the rates with these guys, would end up under a rainy bridge on a dark Tuesday night. lmao

Edited March 21, 201115 yr by a.g.r.c

our fellow web designing Sons and Daughters.

 

My web designing daughter.

My web designing daughter.

 

I want one!

 

Congratulations mate, that doesn't look like any keyboard on EBuyer. Must be one of those futuristic Star Gate like boards. ^^

Cheers mate