• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

End client gone into administration, recruiter not paying.

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #11
    Originally posted by northernladuk View Post
    I highly doubt an agency is going to fold just because of a couple of missed payments to a contractor. Bit extreme that isn't it?
    If it's a small agency with a small client base, it's worth considering.

    Comment


      #12
      Originally posted by northernladuk View Post
      I highly doubt an agency is going to fold just because of a couple of missed payments to a contractor. Bit extreme that isn't it?
      There have been a couple of posters who have come on here who are clearly with small agencies who haven't paid them. They get legal advice on how they can get their money and start the process to wind up the agency. They then get angry when the directors of the old agency start up another agency.
      "You’re just a bad memory who doesn’t know when to go away" JR

      Comment


        #13
        Originally posted by northernladuk View Post
        I highly doubt an agency is going to fold just because of a couple of missed payments to a contractor. Bit extreme that isn't it?
        If they lose in the small claims court and then refuse to pay then you could go for a winding up order. I can't find the case reference but I'm sure that some years back Saab (maybe Volvo?) Finance faced a winding up petition because they ignored the small claims court judgement that someone took out against them.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
        Click here to get 15% off your first year's IPSE membership

        Comment


          #14
          Originally posted by TheFaQQer View Post
          If they lose in the small claims court and then refuse to pay then you could go for a winding up order. I can't find the case reference but I'm sure that some years back Saab (maybe Volvo?) Finance faced a winding up petition because they ignored the small claims court judgement that someone took out against them.
          I'm sure they can but I can't see all this happening off the back of a contractor not getting paid. Lot's of if's and but's leading to something that is possible. I just think it's highly unlikely. That said, without any further info from the OP we will never know.
          Last edited by northernladuk; 23 October 2017, 09:43.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #15
            Originally posted by TheFaQQer View Post
            If they lose in the small claims court and then refuse to pay then you could go for a winding up order. I can't find the case reference but I'm sure that some years back Saab (maybe Volvo?) Finance faced a winding up petition because they ignored the small claims court judgement that someone took out against them.
            Abbey National did about 20 years ago after not paying a contractor.

            Comment


              #16
              Originally posted by NotAllThere View Post
              I'm not a lawyer, but that reads to me that if the client becomes insolvent, the agency can end your contract without notice, and without having to pay you any compensation or notice period for the immediate termination. It does not mean that they don't have to pay you for work already invoiced or work you've done (but not yet invoiced) up until the date the agency notified you of termination. Possibly (and this is where the opt out/opt in may be relevat), they don't have to pay you for work not signed off by a timesheet.

              I.e. you should invoice them for the work you did up until they said "stop", and you should chase those invoices.
              That is how we would read it, but the clause would need to be considered in relation to the contract as a whole as it could be impacted by other clauses relating to timesheets or the like.

              As others have said if the OP is an IPSE member give the legal advice line a call and see what they say, otherwise we would recommend having the contract reviewed prior to issuing any legal proceedings to recover the funds.
              The only debt collection & credit control company recommended by Contractor UK.

              Read our articles on ContractorUK here and get in touch here.

              Comment

              Working...
              X