what action can i take when an invoice has not been paid after 28 days ?

[screwster]

I have recently carried out heating works for a builder,on the last two occasions when i have submitted my invoice to him i have been made to wait over three months for payment.
I understand that legally a payment should be made within 28 days of recieving an invoice but what action can you take after the 28 days has lapsed ?

[Richard1966]

Their is no law that states how soon an invoice has to be paid. Its usual to stipulate on the invoice who soon you want it paid.

You should write once again to the builder asking for payment by a specific date. Allow at least 14 days and keep a copy. After the deadline has passed, start action in your local small claims court. You will have a fee to pay but this is added to the overall claim. You can do it on forms available from your local court or online at www.moneyclaim.gov.uk.

Most small claims actions are dealt with without the need to actually go to court but if the debt is disputed you may have to present your case to a judge. This is not difficult and can be done without a solicitor. Just make sure you have detailed notes of what happened and when.

[antonove]

Warn him in your terms and conditions that after 28 days that you will add interest @ 10% per month

[R1Geezer]

Just issue a amall claim, and don't work for the T055er in future. There's is no legal specification on payement lead times, you specify on the invoice and tell them up front, if they dn'y ay on time you can wait, nag, and ultimately go to the small claims court.

[Creditsafe_Ltd]

As others have said there is no law stating payment must be made after 28 days, if you do not specify payment terms then UK late payment legislation assumes your payment period to be 30 days.

You can either issue a small claim for the outstanding invoice via your local county court of moneyclaim online.

Alternatively you can use a third party recovery agency (like us) to attempt amicable pre-legal collection of the amount. We charge a percentage of the funds recovered dependent on the age overdue. But crucially we do not ask you to pay anything in advance!

Check out http://www.unpaid-invoice.com for a little more info :)