Late payment legislation

pietromas

Can someone clarify what the current legislation on late payment penalties is?

I see an EU directive passed in October, but I guess that's not the one to cite yet. There's another EU directive from 2002. http://www.deti.ie/enterprise/smes/latepay.htm Is that the one?

Also, I didn't raise an invoice for the work in question immediately. I was given written assurance that the agreed sum would be paid in a matter of days. 5 weeks later when it still hadn't arrived I raised the invoice but dated it from the date of said assurance (so it was due by the time I sent the invoice). That was 3 weeks ago now. Can I calculate penalties from 30 days after the date of the written assurance or must it be from the date the invoice was sent?

Thanks.

jenny jinks

It is 30 days from the date of the invoice. You didn't raise an invoice for 5 weeks so you will lose out. The courts are very slow to award interest under this Directive.

pietromas

jenny jinks wrote: »

It is 30 days from the date of the invoice. You didn't raise an invoice for 5 weeks so you will lose out. The courts are very slow to award interest under this Directive.

Thanks.

It's more about the threat of demanding compensation. I'd be happy with getting what I earned. I just don't want to be making ill-founded threats!

So what defines an invoice I wonder? An email conversation in which I broke down my hours, quoted my fee, they agreed, and in which they promised to pay within the "next few days" and said that I would "certainly not have to wait until the end of [last] month" doesn't cut it no? I'm not VAT registered and as a former employee my bank details are already know to them, so nothing was omitted from the conversation.

Jo King

The e-mail conversation is likely to be the contract. The invoice is a written bill or statement of account referring to the services provided and specifying the charges.
There is no unique format but it is usual to use headed paper, have the word "invoice" printed on it, addressed to the customer with a list of services provided and the prices. It is good practice to number invoices. Your first customer can be 100000, your next 100001 and so on.
Good practice is that you send a letter setting out the basis on which you will be working and an estimate of the charges before you start. Any variations should be similarly recorded. When issuing the invoice reference should be made to the earlier letter.
If you have to go to court, the paperwork will be crucial.

John368

I am not sure if it is legally OK to back-date invoices. An invoice is a legal business document as far as I can see. Take legal advice before taking them to court as you might find yourself technically in the wrong here.

Or you could just hang on and wait to get paid and not panic.

John

Mary Hairy

The o/p does not seem to have a clue what an invoice is. I am sure the business he is dealing with realise that and are going to mess him around.