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Unpaid invoice advice please

Discussion in 'Copywriting Forum' started by freelancewriter79, May 29, 2013.

  1. Hello,

    I'm a freelance writer who has been working as a self-employed copywriter for an Internet marketing company on a rolling contract and I invoiced at the end of each month for the total work done. On my invoices I state that payment is due within 30 days.

    February's invoice became late and the company have now ceased trading owing me 60%ish of the February's invoice and all of March's invoice - over £2,200.

    The company director emailed me on 29 April to tell me the company had ceased trading and would not be paying me.

    They say they can not pay me but they paid their other freelance copywriter up till the middle of March while only paying me till the middle of February. I though directors were not supposed to make preferential payments to creditors.

    The email from the company, which is ltd, said "Unfortunately the company has insufficient realisable assets and no funds with which to appoint an insolvency practitioner and thereby initiate a voluntary liquidation. I am not in a financial position to fund this personally, having now lost my livelihood.

    The company therefore, will now lie in a state of "limbo" until either Companies House strike it from the register or a creditor winds it up through the High Court, leading to the Official Receiver being appointed as liquidator. As you are a creditor of the company I would ask that you consider taking this step so as to bring about the early resolution of the company's affairs."

    Can anyone please able to advise me what my options are? Will winding up the company cost me money? If no one else winds up the company, how can I file my debt as a creditor? As the company is not in liquidation yet, can I file a claim for the debt via the small claims court and would this cost me money?

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