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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20854
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I am a sole trader, self employed photographer. I did a

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Hi, I am a sole trader, self employed photographer. I did a job for an architect, and the images where meant for his client. So now that I wrote the invoice, he asked me to invoice his client. However, I have never talked to client, just to the architect, how basically hired me.

Now, I wrote that invoice 2 months ago. Still havent gotton payed. Reminded the client several times. Asked the architect to remind the client (which he did!) but still no payment.

Who do I have to turn to now? I was on site with the client, I worked with the client, who I gave the final images to in person. What would be my next step? If I ask a lawyer to write a letter, setting a final deadline for payment, should it be directed to the architect or the client? Can I add the costs for the laywer onto the clients bill!?

Many thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

How much is owed?
Customer: replied 1 year ago.

365 pounds

Expert:  Stuart J replied 1 year ago.



Thank you.

I know what you said in your original information but I'm going to
put my judges hat on and ask you a question.



Did you do the job for the architect or did you do the job for the
client?



That is pretty fundamental to who you invoice and issue
proceedings against.



Who instructed you to do the job? The architect?



Was there ever any agreement between you and the client that the
client would pay you?

Customer: replied 1 year ago.

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.

Expert:  Stuart J replied 1 year ago.










Thank you. In that case, I think the architect was your client
because it all the agreement (offer and acceptance) was between you and the
architect and I think that if the architect has not been paid, that is
something that the architect has to take up with his client.



If you want to issue Small Claims Court proceedings which you can
do 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 from
when the money was due under the Late Payment of Commercial debts Interest Act
and a single fixed fee of £40 under the late payment of commercial debts
regulations.



There is a fascinating book on the subject to keep you awake
tonight 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 to
bring 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 snotty
letter

Customer: replied 1 year ago.

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.

Expert:  Stuart J replied 1 year ago.


I can appreciate that you don't want to annoy them and that is
understandable so you could always load the next job to take account of this
and if they don't pay you on the next job, I think they are the ones who are
taking the pee!

By all means go through the same process with the client and that
way you won't pee off the architect but be prepared for the client to say that
he has paid the architect (even if he has not) and that you should chase the
architect.



At this stage in time, with the architect, you might get further
with a kind word than a gun! Sometimes an appealing letter asking for help is
better than the threat of litigation.



You know the relationship between you and them all and therefore
you are better placed to decide how snotty to be and who to be snotty with.



Yours



Snottograms ‘r us

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20854
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
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Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice