Agency wont pay my invoice because end customer has not paid them

[eek]

Accountants don’t really understand the legal complexities of IR35. They don’t need to. All they need to know is how to apply it when counting beans.
So asking an accountants opinion about the impact of an opt-out/in on tax is asking the wrong profession IMO.

It's a cop out by the lawyer because he has seen something that says opt out of agency regulations has an impact on IR35 status - and while it might the impact is absolutely miniscule compared to the additional risk of the agency not paying you that this thread highlights.

[Andy Hallett]

PS I am happy to have a look at the detail for you and explain your best options to get paid.

I’ll also help your solicitor understand the rules if required.

There is no reason you shouldn’t be paid. Opt out or not.

[aokanlawon]

PS I am happy to have a look at the detail for you and explain your best options to get paid.

I’ll also help your solicitor understand the rules if required.

There is no reason you shouldn’t be paid. Opt out or not.

Hi Andy, thank you for this. I am not sure why but I do not get any notifications for new posts.

Updates I have is that after instructing solicitors to issue the request for payment letter, we got no response from the agency. I have then asked solicitor for the next plan of action and here is the response I got: ( I asked if they got a proof that the letter was delivered)

"
We do not have proof of delivery. However, for the purposes of ‘pre-action protocol’, the letter is deemed served and we have received no response. The next step, should you wish to take it, will be to issue court action. Prior to doing so, we will need to instruct a barrister to draft particulars of claim, setting out the legal and factual basis of your proposed claim. I also think it sensible to ask the barrister to provide a short written advice on your prospects of success. I estimate that the cost of doing this will be in region of £1,000.00 plus VAT. If you would like to go ahead, please let me know."

My plan now is to use the government make a claim web site for this.