Accepting staggered payments Thread poster: Clare Hine-Goubin
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Back in June 2009, I delivered work to a client (French agency) who I subsequently discovered had been excluded from the Blueboard. My invoice, dated 1 July 2009 has so far been unpaid and until yesterday I received no reply to my enquiries.
I have now received a letter proposing two payment dates - one in April, one in May. The letter explains that they are "obliged" to negotiate payment dates as a result of a non-paying customer of theirs. If I understand rightly, they are in the ... See more Back in June 2009, I delivered work to a client (French agency) who I subsequently discovered had been excluded from the Blueboard. My invoice, dated 1 July 2009 has so far been unpaid and until yesterday I received no reply to my enquiries.
I have now received a letter proposing two payment dates - one in April, one in May. The letter explains that they are "obliged" to negotiate payment dates as a result of a non-paying customer of theirs. If I understand rightly, they are in the beginnings of a bankruptcy procedure.
My question is - is it to my advantage to accept the payment dates? I have no faith whatsoever in the company, so wonder whether this is some sort of trick to make me a low-priority debt (e.g. if the dates proposed fall after a cut-off date of some sort).
Has anyone else received a similar letter? Or does anyone have any advice for me?
Many thanks! ▲ Collapse
| | | | Laurent KRAULAND (X) 
France
Local time: 14:04
French to German
+ ...
| Check it out... | Mar 5, 2010 |
Hi Clare,
I would check www.societe.com or a similar site to know what the current situation of this client is.
| | | | | If they go bankrupt, say goodbye to your money! | Mar 5, 2010 |
I don't know about French law, but in Spain when a company go bankrupt, the first to be paid are employees, then Social Security and then tax authorities. After all that, if there is still money left, suppliers are paid... ages later.
In the situation you describe, I would accept the proposal but only if they pay 1/3 or 1/4 of the amount NOW as a proof of their good will. Warn them that you will wait no longer otherwise and that you will sue them or start a European Small Claims pro... See more I don't know about French law, but in Spain when a company go bankrupt, the first to be paid are employees, then Social Security and then tax authorities. After all that, if there is still money left, suppliers are paid... ages later.
In the situation you describe, I would accept the proposal but only if they pay 1/3 or 1/4 of the amount NOW as a proof of their good will. Warn them that you will wait no longer otherwise and that you will sue them or start a European Small Claims process.
[Edited at 2010-03-05 14:14 GMT] ▲ Collapse
| | | | Nicole Schnell
United States
Local time: 05:04
English to German
+ ...
In memoriam | Turn this offer to your advantage | Mar 5, 2010 |
Agree - and add the appropriate interest rate.
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Sheila Wilson
Spain
Local time: 13:04
Member (2007)
English
+ ...
| Imperative to clarify the situation | Mar 5, 2010 |
The site to look at is the official French Companies Register: http://www.infogreffe.fr/infogreffe/index.jsp
If proceedings have already started, you'll be able to find out a little for nothing, and more for a small outlay - you can also ask for a free alert so you know if anything changes. If they really are in receivership, then it's vitally important to make sure the receiver... See more The site to look at is the official French Companies Register: http://www.infogreffe.fr/infogreffe/index.jsp
If proceedings have already started, you'll be able to find out a little for nothing, and more for a small outlay - you can also ask for a free alert so you know if anything changes. If they really are in receivership, then it's vitally important to make sure the receiver knows all about you and your claim. Strangely enough, once they're in receivership you can work for them with no qualms at all as your invoices are absolutely guaranteed to be paid by the receiver. Of course, once they get out of it (if they do) you have to decide whether to take the risk.
I can't really say whether you should accept or refuse but if you really think they're in difficulty then you might do worse than accept their offer and hope that you at least see the first instalment. As for putting you off, well they've been quite successfully doing that for 6 months already!
Believe me, your debt is as low-priority as they come, in the eyes of the law, but dates are important. I once sent an invoice as a very inexperienced language trainer that had to be returned as I'd done it all wrong. The admin. clerk tried to get me to update the invoice date but I ignored her - later I found that she'd been trying to help me, as they'd gone into liquidation between the two dates. Any invoice filed after would be paid, any before just had to wait in the queue - needless to say, the pot was emptied long before I saw it. So, agreement to payment terms today might mean that your claim is rescheduled and that may guarantee payment.
Still, it's all conditional on a whole lot of circumstances. Good luck! ▲ Collapse
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