Who and how to sue?

[LondonManc]

Just PM safe collections on here, give them the whole story and they'll lend you the benefit of their experience as to whether your claim has any merit or not. /thread

[Kugel]

From what I understand, my business is done with agency only, and I have no legal right to demand anything from the end client. I did call to the agency a number of times and reminded them Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 12, prohibits the agency from withholding payment because a timesheet is not signed. Given that I never opted out from it, it is not my responsibility to chase the client and suffer the financial loss because they can not recover the monies.

1. Read this The Late Payment of Commercial Debts Regulations 2013 - Pay on Time.
2. Invoice agency. Do not forget to put "We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment Legislation if we are not paid according to agreed credit term" text on your invoice.
3. If they do not pay - follow advice from point 1. As a first step consider using Business Debt Collection & Recovery Solicitors | Thomas Higgins Limited to send Letter Before Action to agency for only £3 + VAT.

[SueEllen]

1. Read this The Late Payment of Commercial Debts Regulations 2013 - Pay on Time.
2. Invoice agency. Do not forget to put "We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment Legislation if we are not paid according to agreed credit term" text on your invoice.
3. If they do not pay - follow advice from point 1. As a first step consider using Business Debt Collection & Recovery Solicitors | Thomas Higgins Limited to send Letter Before Action to agency for only £3 + VAT.

Maybe you should read a thread and follow links before jumping in.

Also there is no need to pay a solicitor to write a Letter Before Action they are very easy to do yourself.

Chasing a debt the first time is hard but after that it is easier.

[radish2008]

1. Read this The Late Payment of Commercial Debts Regulations 2013 - Pay on Time.
2. Invoice agency. Do not forget to put "We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment Legislation if we are not paid according to agreed credit term" text on your invoice.
3. If they do not pay - follow advice from point 1. As a first step consider using Business Debt Collection & Recovery Solicitors | Thomas Higgins Limited to send Letter Before Action to agency for only £3 + VAT.

Point 2 should be on everyone's invoices.

You can also charge an admin fee and add it to the debt and also charge interest at 8% above base rate. This is obviously once your payment terms have expired. Personally for 3 days I'd walk away (and have done once in the past for 2 days direct). You might find your time spent quickly chews up the money you would get back. It's a bitter pill to swallow but that's life.

[WTFH]

Give SafeCollections a shout (they post on here from time to time).
Should you choose to go down the legal route yourself, your case would be against the agency, not the end client, and if you do decide to go legal, make sure you keep all documentation, emails, etc, relating to the contract.
You'll need to engage a solicitor and the costs could be in the region of £10k. Even if you won, you might not get them all back and it can take several months.
So for 3 days work (not 4), is it worth it?

[Kugel]

Also there is no need to pay a solicitor to write a Letter Before Action they are very easy to do yourself.

Can you see a difference between a letter from "Contractor Ltd" and a letter from "Debt Collector Ltd"? Which one will be more effective?

[Lance]

Give SafeCollections a shout (they post on here from time to time).
Should you choose to go down the legal route yourself, your case would be against the agency, not the end client, and if you do decide to go legal, make sure you keep all documentation, emails, etc, relating to the contract.
You'll need to engage a solicitor and the costs could be in the region of £10k. Even if you won, you might not get them all back and it can take several months.
So for 3 days work (not 4), is it worth it?

To add to this. In the small claims court you can't claim for costs so that £10k will not be something you can include to sue the agent for. You'd need to go to a different court, and as the claim is likely to be less than £15k you'll get roasted by the judge for being in the wrong court (and still not get your costs).

[Kugel]

You'll need to engage a solicitor and the costs could be in the region of £10k.

But you do not need solicitor. Only cost is your time.

[SueEllen]

Can you see a difference between a letter from "Contractor Ltd" and a letter from "Debt Collector Ltd"? Which one will be more effective?

I've not had problems chasing my debts with my contractor Limited.

Then again I've a habit of doing one telephone talk and everything else being documented in writing including registered letters. I'm not interested in agents excuses.

Anyway its better to talk to Safer Collections than going to court.

Debt recovery agencies are very good at getting money out of non-payers if they have any money. If they don't then they don't waste their time chasing them.

If you go to court and the agency has no money or folds you get SFA.

[WTFH]

But you do not need solicitor. Only cost is your time.

If you'd quoted the first line in my post rather than just selecting the one you chose to quote, you'll see I said that.
I was pointing out the costs IF you choose to go down the legal root, and no, you most certainly do not want to go to court on your own, without a solicitor.