Agency witholding funds and threatening to go insolvent

[fidot]

Are you covered by IPSe?

[BlasterBates]

It sounds like the agency is about to go bankrupt. Contact Safe Collections. The company seems to have a plan to pay off their debts by getting some of their contractors to take a cut to be paid off and paying off the other contractors over time. An experienced debt collector will be able to make well judged decision on this.

[Andy Hallett]

Technically the umbrella company, as your employer should be dealing with this.

[Southernest]

I am no longer working for the client and from Dec. 19, I switched structure, so yes, Nov 19 is the last invoice to be paid.

Are you still working for the client/agent? Have you been paid for Jan20-May20??

Is it only Nov19 you are waiting for?

[barely_pointless]

I am no longer working for the client and from Dec. 19, I switched structure, so yes, Nov 19 is the last invoice to be paid.

there is your answer, take the 65% and put the 35% down to experience and back luck/adverse ambient conditions

[Southernest]

IPSE and ACAS, it's all very much a minefield.. both are pointing to one another and none taking the responsibility to help. 'Covered' by an umbrella I am both considered to be Employed and Self Employed, depending on what angle you take (tax or working status), which is another brick for the IR35 Wall of Lamentations... unintended or ignored result of the Regulation.

HMRC could get involved but would only seek to recoup minimum wage (why???).

Department of Work could get involved in certain conditions - linked to Regulation 32 - but again, they could threaten, but wouldn't have any teeth to force a decision.

I have also contacted the FSCA but as the Agency is not a member, they are not interested, neither did they reply when I pointed to them that the Industry was a vipers' nest, completely deregulated and borderline fraudulent with Big Boys running what can only be described as a cartel.

Finally, the main issue with contracting a Debt Collector is that it makes it all very official and nasty plus would probably cost me the 35% of the invoice, so would really be back to square 1.

[Southernest]

Ah well... 1) Hindsight is a great thing, but difficult to see what the future holds when you have been happily 'working' with the same Agent for nay 10y. 2) it was already very difficult for me to extract myself out of that structure in Dec. 19 when I did it, never mind before as, unbeknownst to me, their contract had been re-negotiated with the Administrative Agent shielding my end client and cut down to peanuts... literally... 3) that Administrative Agent had agreed some selection criteria which, at the time of the issue became serious, made it impossible for me to change structure aka rock and hard place.

A bit late but you should have cut and run at the first sign of late payment. And I'd say that still applies if you are still working through that agency. You've just got to hope they are still collecting money from enough mugs elsewhere. Call in the money collection outfits and see if they can apply the correct pressure to get them to pay you off.

[Paralytic]

...and cut down to peanuts... literally...

Off topic, and I know we live in weird times, but I very much doubt that was the case.

[cojak]

there is your answer, take the 65% and put the 35% down to experience and back luck/adverse ambient conditions

Not at all, particularly if it is a large amount.

Contact Safe Collections - they are best placed to suggest how to proceed.

[Old Greg]

Technically the umbrella company, as your employer should be dealing with this.

Not at all, particularly if it is a large amount.

Contact Safe Collections - they are best placed to suggest how to proceed.

Tricky though, given Andy's comment. It's one of the things that most bothers me with the concept of brollies. I always like to know who I can sue for non-payment.