Unpaid Invoice - No Timesheet

[man]

I started a new contract with a big end client, quite quickly found out that I had been missold the role by the agent (so clearly some lessons to be learned re. effective pre-contract questioning on my part - like double checking things with the end client), agreed with the end client to work a week of the notice period to complete some documentation and handover materials - the end client didn't want to keep me on for the full notice period as I wasn't far into the work (fair enough) and gave the agent my notice. Kept the agent informed by email throughout (and even gave a courtesy call just before notice was officially given).

Sadly, I was unable to get the client timesheet system working at any point (all documented by emails which I've retained - I made efforts to get the problem resolved). So no timesheets have been submitted although I have kept some emails to prove that work was done.

There's only a few weeks work involved here, but I don't want to lose it over a timesheet problem that was outside of my control.

Anyway, invoice submitted to the agent by email and now overdue. I've had nothing but radio silence from the agent ever since I gave notice. Contract smallprint says I need to submit timesheets with the invoice (obviously impossible) and only get paid when they do. Obviously I'm going to start with the usual: When IT contractor clients don’t pay - a step-by-step guide - but anyone got any advice for me to get paid for the time worked in light of the slightly odd circumstances?

I'm an IPSE+ member and did not opt out of the conduct regulations. Thanks all.

[ladymuck]

Is there anything you have or can get from the client that confirms they are happy to pay for your brief time with them?

Alternatively, I would email your invoice to the client, cc the agency, and ask if they are happy to approve payment of x days' effort as agreed.

Also check contract payment terms - double check it's overdue first

[Lance]

If the client is helpful send them a manual time sheet (Excel sheet or similar),and get them to authorise formally (in email or writing).
The agency might not initially accept it, but in the unlikely event of going to small claims court, it's excellent evidence.

[northernladuk]

What's your opt in/out status. If you're in they've got to pay you anyway.

IMO start dunning. Also read up on the late payments legislation. Refer to these in your letters and emails. Do it properly like you understand it. Don't mentioning suing them. If it looks like you know what you are talking about they will be more inclined to respond.

Send letters with sign for so you have evidence.

Generally the persistence and professional wording will break them down in to responding, normally in your favour.

Late commercial payments: charging interest and debt recovery - GOV.UK

That said if the client didn't pay then you are on a hiding to no where. At the very least the above will get their attention.

Are you an IPSE member? Their business interruption should cover much of what you are owed here.

[man]

Thank you for the suggestions - I can see some great ideas there that would be particularly useful if I'd had time to make friends at the end client.

Yes, it's definitely overdue. At the moment, I'm not planning to involve the end client further (beyond simply asking and chasing them to fix the timesheet portal issue) until it reaches the point where I'm making final demands of the agent and adding interest etc (and that would be mainly for their awareness - so if they've paid regardless they can see their agent is trying to keep the cash). Sadly, both agent and the end client are unhappy I gave notice, so I'm trying not to ask any favours of anyone unless I really have to.

NLUK, I'm in (I refused the opt out despite the usual upfront pressure) and an IPSE+ member. That didn't stop them putting in those payment terms as originally mentioned though. The business interruption cover is only up to a grand so won't cover much of it - although if the agent tries to fold on me the cover is better for that (~£10K)

Yes, I expected that dunning and reading the riot act might be the best (only?) way forward to get things fully resolved - thanks.

[mudskipper]

Agree with Lance - it doesn't have to be the client's timesheet system.

A printout with days worked signed by yourself and the client should be fine.


I confirm that I worked the hours stated: (your sig)

We certify that the total days worked is correct and we will accept your invoice for chargeable days shown: (client sig) (position)


Job's a good'un

[mudskipper]

I'm an IPSE+ member and did not opt out of the conduct regulations. Thanks all.

Give their legal helpline a call - that's what it's there for.

[man]

IPSE legal helpline gave very simple and to the point advice: Send a letter before action, then take them to court via a moneyclaim online (i.e. should be straightforward). And that the timesheet thing isn't fatal in the circumstances.

I think I'll stick to the slightly softer reminders etc first but it's good to hear that I shouldn't expect a problem claiming the money in the end.

Thanks for the advice - I'll do the DIY timesheet if/when this next occurs.

[Lance]

IPSE legal helpline gave very simple and to the point advice: Send a letter before action, then take them to court via a moneyclaim online (i.e. should be straightforward). And that the timesheet thing isn't fatal in the circumstances.

Whilst the lack of a time sheet may not be 'fatal', it is still important. It is evidence that you have fulfilled your part of the contract. There are other ways to prove you have, but that is the one agreed in the contract.

If you end up in court, and the agency claim that you never delivered any of the work you were contracted for you are fooked if you cannot prove otherwise. The client may well provide all sorts of helpful information but the time sheet is the one evidence that cannot be argued against as it's the one thing that all parties have agreed, by contract, to be proof.

[WTFH]

At the moment, I'm not planning to involve the end client further (beyond simply asking and chasing them to fix the timesheet portal issue)

Your issue is not about them fixing their timesheet portal. All you need to do is ask them to approve your time. Spend 10 minutes doing up a word document listing out the days that you worked and a comment for each day. Email it through to them asking them to approve it, then send that to the agent.

Having emails saying you tried to get the timesheet system working does not say you did any work, it just says there were system problems. Don't get bogged down in that. You need something that the client has said they approve which reflects the amount of work you did. If you have no evidence or approval that you did the work then you'll struggle to get payment.