Loss of Earnings - CLAIM IT BACK??

[yeyeman2061]

I’m really hacked off.

I work as Ltd but I’m a one person band. I’d been out of contracts for a while so funds were very low, when I eventually secured a choice of two contracts. One with acceptable daily rate, the other a bit on the low side, so I opted for the higher rate. However, as cash flow was an issue, and when they said payment terms of 30 days through invoicing, I turned down the contract. I made it absolutely clear to the Agency and end client I needed a guarantee of weekly payment, 1 week in arrears from the start of the contract – and lo and behold, they came back and promised it – in writing. Based on that promise I turned down the other work.

When I started the contract it became clear they should never have made such a promise.

The client systems couldn’t cope with that, it was invoice/30 day payment terms only, and worse still they hadn’t even secured the internal budget clearances and raised Purchase Orders – basically they had no mechanism at all to pay me let alone weekly. Frankly they should never have even taken me on. So I walked, at the notice period stipulated in my contract. I told them straight I couldn't work in a place of random payments.

Now I am minded to submit an invoice to them for loss of earnings – I now have a new contract - but lost 14 working days. I won’t be greedy I will invoice at the rate of the offer I declined (and have that offer in writing). Any thoughts on my chances of success/similar experiences – I realise it’s a punt. Can it do any harm, in my mind they can only say ‘No’. They are such a shambles they might just not notice it and pay up anyway.

[tractor]

...

I’m really hacked off. I work as Ltd but I’m a one person band. I’d been out of contracts for a while so funds were very low, when I eventually secured a choice of two contracts. One with acceptable daily rate, the other a bit on the low side, so I opted for the higher rate. However, as cash flow was an issue, and when they said payment terms of 30 days through invoicing, I turned down the contract. I made it absolutely clear to the Agency and end client I needed a guarantee of weekly payment, 1 week in arrears from the start of the contract – and lo and behold, they came back and promised it – in writing. Based on that promise I turned down the other work. When I started the contract it became clear they should never have made such a promise. The client systems couldn’t cope with that, it was invoice/30 day payment terms only, and worse still they hadn’t even secured the internal budget clearances and raised Purchase Orders – basically they had no mechanism at all to pay me let alone weekly. Frankly they should never have even taken me on. So I walked, at the notice period stipulated in my contract. I told them straight I couldn't work in a place of random payments. Now I am minded to submit an invoice to them for loss of earnings – I now have a new contract - but lost 14 working days. I won’t be greedy I will invoice at the rate of the offer I declined (and have that offer in writing). Any thoughts on my chances of success/similar experiences – I realise it’s a punt. Can it do any harm, in my mind they can only say ‘No’. They are such a shambles they might just not notice it and pay up anyway.

Firstly, you should have posted this in another more appropriate forum lest you get unfavourable responses I am sure a mod will oblige shortly.

Secondly, you are entitled to invoice according to your contract and further, you are entitled to pursue the organisation for payment according to the Late Payment regs. If you were engaged via an agency, the payment processes of the client are irrelevant as are their purchase orders. Your only interest is in the payment terms defined in the contract between you and your agent.

The above may be affected by your 'opt-out' status.

[SlipTheJab]

Give it a punt, so long as you're aware that the chances are slim. I take it the agency fed you with a load of bull to get you onsite in the hope that you would just cave in then, good on you for not just bending over and taking it, too many on here do just that.

[SimonMac]

Go for it, you've got nothing to lose*





You lost what ever dignity you had when you wrote this dumbass post

[northernladuk]

Walked to what.. back to the bench?? So now you lost 14 working days on top of another 7 day payment term?

I wouldn't lower yourself. You aint gonna get it unless the invoice is backed up by a solicitors letter to show them you mean business. You are going to have to expend considerable time and effort before they realise you are serious and then they will ask you exactly what you lost as you didn't earn anything the days you weren't working as outlined in the contract. I assume it says you only get paid with a signed payment so no loss. Also your choice to walk as well which won't help your case.

Very frustrating indeed but I just wouldn't bother. Sounds like you've got enough on your plate already.

[Ticktock]

I'm not sure whether to post as if this were actually in a Professional forum, or take advantage of the fact that it's in General...

What earnings have you lost? You signed and accepted a contract to do some work for a client. If your argument is that accepting Contract A means you cannot accept Contract B so ClientCo A are liable for loss of earnings then you're a prize tool.

I was going to write some more vaguely sensible stuff, but just deleted it when I saw you quit the contract after 14 days - you aren't worth my effort.

[northernladuk]

I'm not sure whether to post as if this were actually in a Professional forum, or take advantage of the fact that it's in General...

What earnings have you lost? You signed and accepted a contract to do some work for a client. If your argument is that accepting Contract A means you cannot accept Contract B so ClientCo A are liable for loss of earnings then you're a prize tool.

I was going to write some more vaguely sensible stuff, but just deleted it when I saw you quit the contract after 14 days - you aren't worth my effort.

To be fair I think the 14 days was how long he was on the bench after he walked. I can't see how long he lasted and how long his notice period was. Could be because it's just one huge paragraph so hard to read.

[TheFaQQer]

Any thoughts on my chances of success/similar experiences – I realise it’s a punt. Can it do any harm, in my mind they can only say ‘No’. They are such a shambles they might just not notice it and pay up anyway.

No chance of getting paid, and additional bookkeeping to cater for the bad debt that you invoice for.

Let it go.

[Ticktock]

To be fair I think the 14 days was how long he was on the bench after he walked. I can't see how long he lasted and how long his notice period was. Could be because it's just one huge paragraph so hard to read.

Walloftextishard.

I read it as:
Contact A and B available.
Took A.
Left A immediately (at earliest notice period) - guessing worked 7 days, gave notice and left 7 days later.
Took B, but had missed 14 days from potential start date.
Thinks he is owed that 14 days by A (presumably in addition to the amount he is invoicing them for the time he was there).

Either way, prize plum.

[mudskipper]

Let it go.