None payment

[old chad]

FInished up a contract 7 weeks back and although on weekly pay the last week has not yet been paid. Was on an online self billing arrangement where the client authorises the days for me to get paid. Authoriser left the week before me and the agency didn't change the box ticker at the clients end so the timesheet still hasn't been authorised. Have emailed both the client & agency 5 times now (2 replies from agency, none from client). Also emailed agency stating I want to terminate self billing arrangement and sent an invoice from my Ltd company as no invoice will ever get raised until client box ticker ticks the box. A bit from the payment terms in the contract:

In the event that the Company is unable to produce an authorised time entry, Tw@tsystems shall
be entitled to withhold payment for such period as is reasonable to enable Tw@tsystems to make
reasonable enquiries to verify the time worked by the Company. (Subject to Clause 5.8 and receipt
of corresponding payment from the Client any payment shall not be withheld for longer than 60
days after the Company notifies Tw@tsystems that it is unable to produce an authorised time entry).

They were made aware of timesheet issue the week I left, say 7 weeks ago. What should be deemed a resonable time to sort this? Should I suck it up for the 60 days before getting legal? Must admit in 20 years of contracting this is a first for me, maybe I have been lucky? Any tips for encouraging agencies to cough up what is owed? Is bitching to the clients finance department classed as bad form?

thoughts peeps.

OC

[NibblyPig]

Time to get on the blower I think, for my previous gig the client was reluctant to pay even after a couple of e-mails past the 30 day window, until I e-mailed them a final notice with a comment similar to "Under European Directive 2011/7/EU if the invoice is not paid immediately you will be liable for interest and fees" (think I quoted the UK law rather than EU though)

Invoice was 'mysteriously' paid 3 hours later.

Some people only speak the language of money.

[Contreras]

What are the contracted payment terms if a valid timesheet had been supplied?

Did you email or post hardcopy of the invoice? If not the later then I would do so, recorded/special delivery.

I wouldn't wait the 60-days to "go legal". If the standard payment terms have passed I'd probably quit chasing it personally and hand it to a debt agency instead. They know the right buttons to press to chase the debt even if not technically in breach.

[old chad]

so far all correspondence has been via email with read reciepts, the pimp has read them all. I have also done the one stating I am charging interests, its in the contract I can do that after 30 daays of none payment. Contracted payment terms are 7 days from received timesheet signoff. Whats the usual % cost to flog the debt to a collection agent? May just do that, life is too short to deal with Tw@tSystems

[Contreras]

so far all correspondence has been via email with read reciepts, the pimp has read them all. I have also done the one stating I am charging interests, its in the contract I can do that after 30 daays of none payment. Contracted payment terms are 7 days from received timesheet signoff. Whats the usual % cost to flog the debt to a collection agent? May just do that, life is too short to deal with Tw@tSystems

Email is too easy to ignore or pretend that it hasn't been received.

Telephone them! Politely ask wtf the problem is. Be prepared for the denials and excuses then proceed to an ultimatum for when it needs to be sorted by or you will pass it to a collector and their fees will be added to the bill.

Post them a hardcopy of the invoice recorded / special delivery. Add a covering letter (templates at payontime) restating the ultimatum and their liability to pay costs.

If the contract has terms about charging interest then this would take precedent over statutory rates so take advice on that. There is a collection agency who posts on here sporadically.

[WTFH]

Have you searched on here for Tw@tsystems to see if anyone else has had a similar problem?


Can you get someone from the client to confirm 1. Your time and 2. That they had told the agency the person was leaving.
If they told the agency, then you can go after the agency for breach of contract, and don't forget 8.75% interest.

[northernladuk]

Email is too easy to ignore or pretend that it hasn't been received.

Telephone them! Politely ask wtf the problem is. Be prepared for the denials and excuses then proceed to an ultimatum for when it needs to be sorted by or you will pass it to a collector and their fees will be added to the bill..

Totally this. The mentality of trying to sort issues via email drives me nuts.

[Safe Collections]

Totally this. The mentality of trying to sort issues via email drives me nuts.

And us! Emails are deleted in a second, a contractor on the phone twice a day is far harder to ignore...

Although this part of the contractual term concerns us "and receipt of corresponding payment from the Client[/B]" as that sounds suspiciously like a "pay when paid" clause. Essentially the agency can keep the OP hanging until they receive payment from the client.

Chase the agent and chase them regularly. Do not chase the end client as they aren't directly liable for your payment (although if you know anyone at ClientCo that can confirm if the agent has been paid it would no doubt be useful).

Whats the usual % cost to flog the debt to a collection agent? May just do that, life is too short to deal with Tw@tSystems

Generally DCAs like us don't buy the debt, we charge a fixed percentage if we collect