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I know what you said in your original information but I'm going toput my judges hat on and ask you a question.
Did you do the job for the architect or did you do the job for theclient?
That is pretty fundamental to who you invoice and issueproceedings against.
Who instructed you to do the job? The architect?
Was there ever any agreement between you and the client that theclient would pay you?
I did the job for the architect. I knew at the time, that he needs those images for his own client, but I never talked to the client myself at that time. So I negotiated everything with the architect, fees, we even met a couple of times in person, he got me access to the building etc.
When it came to the day, when I were supposed to write the invoice, they forwarded me the clients address.
The funny thing is, I already wrote them an invoice before, same project, over 650 pounds. They paid that one right away. Just this second invoice over 365, they havent paid for 2 months now.
Thank you. In that case, I think the architect was your clientbecause it all the agreement (offer and acceptance) was between you and thearchitect and I think that if the architect has not been paid, that issomething that the architect has to take up with his client.
If you want to issue Small Claims Court proceedings which you cando quite easily here www.moneyclaim.gov.uk
give him seven days to pay and tell him that if he doesn't pay,you will issue proceedings without further notice. You can add 8% interest fromwhen the money was due under the Late Payment of Commercial debts Interest Actand a single fixed fee of £40 under the late payment of commercial debtsregulations.
There is a fascinating book on the subject to keep you awaketonight http://www.berr.gov.uk/files/file37581.pdf
the interest and lump sum is on pages 16 and 17
if he thinks that the client is responsible, then he will have tobring the client in a second defendant and the judge will decide who pays
if he has any sense, he will send you a cheque when he gets your snottyletter
It sounds all reasonable! Its probably the best way to get my money. The only problem is the architect (it is actually a huge company with 50 architects, and I was working for one of them!) are the ones I dont want to piss off. They already signaled they want to hire me for other jobs (and for that, I will definitely get something in writing then)
So, do you think, that I could also send the snotty letter to the client. So far I have been very polite in my emails. I dont care about those guys (and will definitely never work again for them!)
Or, I just press the architect a bit stronger, since they are still working for them on a project, and they might have more leverage.
I can appreciate that you don't want to annoy them and that isunderstandable so you could always load the next job to take account of thisand if they don't pay you on the next job, I think they are the ones who aretaking the pee!
By all means go through the same process with the client and thatway you won't pee off the architect but be prepared for the client to say thathe has paid the architect (even if he has not) and that you should chase thearchitect.
At this stage in time, with the architect, you might get furtherwith a kind word than a gun! Sometimes an appealing letter asking for help isbetter than the threat of litigation.
You know the relationship between you and them all and thereforeyou are better placed to decide how snotty to be and who to be snotty with.
Snottograms ‘r us
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