Approved timesheet and not paid

[eek]

Yes, payment was due exactly on the 21st. How much time is reasonable for chasing. It's pretty easy to ignore emails and let calls go to voicemail which is happening a lot. Also, how do I sort out my opt/in status? The assignment has finished (it did so after the first week of November) so I'm not sure if that has any bearing?

Oh so it's the typical last payment issue.

Speak to Debt Collection and Debt Recovery from Safe Collections (safe-collections.com) and get them to start chasing payment.

[northernladuk]

I suspect you are opted in since you have no recollection of opting out of the agency regs. The opt out has to be done right at the start of your recruitment. If it wasn't, then my understanding is by default you are opted in. That is a good thing for you in the case of the client not paying the agency. Check all the documents and communications relating to this gig, right back to the very first time you spoke with the agent.

I'm not so sure. The OP doesn't have a clue what it is so don't know what they signed. I'd ask them to go look at their contract and speak to the agency before making that assumption. Just signing stuff he doesn't understand is different to it not being there when he signed.

Either way, the opt in/out status has never had a bearing on any dispute we've encountered on here to day. It's so misunderstood it carries no weight at all. Even if the OP is right the agency wouldn't understand and would fight in their ignorance so doesn't resolve anything. He's much more likely to resolve this via negotiation, dunning, threat of court than both parties agreeing the opt in status and it honouring the terms.

[northernladuk]

Yes, payment was due exactly on the 21st. How much time is reasonable for chasing. It's pretty easy to ignore emails and let calls go to voicemail which is happening a lot. Also, how do I sort out my opt/in status? The assignment has finished (it did so after the first week of November) so I'm not sure if that has any bearing?

How long is reasonable varies from person to person. Some will go ballistic the day it's late, others will start dunning and give it some time. I certainly don't think 7 days is enough time to get your knickers in a twist and start looking for court resolution. Be prepared yes but I don't think there is a need to come straight in with a post about what court can I take them to. If 7 days late payment causes this stress you are in for a very difficult contracting career. I've lost count of the number of times I've been paid late by a week or two. Difference might be I've never not been not paid so late payment is, so far, a slight annoyance.
As I say other people will be out for blood by now.

IMO bearing in mind the time of year and the world out there by 7 days I'd still be just politely chasing the agency and requesting information on why it's not been paid, when they expect to resolve it. Granted that polite chasing would be a phone call every other day but I wouldn't be suspecting anything too serious at this point.
Now if the agency turn round and tell you the client has a problem with the work done and refuse to pay then yes or client is in financial trouble then yes get the big guns out.

Get a firm communication route, speak regularly, get updates and action that feedback as you get it. When you have something concrete to action then you start applying pressure.

[eek]

How long is reasonable varies from person to person. Some will go ballistic the day it's late, others will start dunning and give it some time. I certainly don't think 7 days is enough time to get your knickers in a twist and start looking for court resolution. Be prepared yes but I don't think there is a need to come straight in with a post about what court can I take them to. If 7 days late payment causes this stress you are in for a very difficult contracting career. I've lost count of the number of times I've been paid late by a week or two. Difference might be I've never not been not paid so late payment is, so far, a slight annoyance.
As I say other people will be out for blood by now.

IMO bearing in mind the time of year and the world out there by 7 days I'd still be just politely chasing the agency and requesting information on why it's not been paid, when they expect to resolve it. Granted that polite chasing would be a phone call every other day but I wouldn't be suspecting anything too serious at this point.
Now if the agency turn round and tell you the client has a problem with the work done and refuse to pay then yes or client is in financial trouble then yes get the big guns out.

Get a firm communication route, speak regularly, get updates and action that feedback as you get it. When you have something concrete to action then you start applying pressure.

WTF would you waste time chasing payment yourself.

You use an accountant to do the accounts - you pass the debt to safe collections are similar to handle late payers.

[Fred Bloggs]

I'm not so sure. The OP doesn't have a clue what it is so don't know what they signed. I'd ask them to go look at their contract and speak to the agency before making that assumption. Just signing stuff he doesn't understand is different to it not being there when he signed.

Either way, the opt in/out status has never had a bearing on any dispute we've encountered on here to day. It's so misunderstood it carries no weight at all. Even if the OP is right the agency wouldn't understand and would fight in their ignorance so doesn't resolve anything. He's much more likely to resolve this via negotiation, dunning, threat of court than both parties agreeing the opt in status and it honouring the terms.

Don't disagree with the essence of your bottom line really.

My own experience was that majority agencies were hopeless regarding agency regs opt in or out. The only one who got the procedure anywhere near right was NES where you were clearly opted out before you started the application process. Hence my comment OP is mostly likely opted in. I don't agree with you that bring opted in has never been used to expedite an overdue agency payment.

Any case, the OP isn't really overdue at all in the overall timescale of things. I would start by reminding the agency that I was opted in and please pay me irrespective of client payment. If they refuse, then you escalate the issue in the way you stated.

[BlasterBates]

Yes, payment was due exactly on the 21st. How much time is reasonable for chasing. It's pretty easy to ignore emails and let calls go to voicemail which is happening a lot. Also, how do I sort out my opt/in status? The assignment has finished (it did so after the first week of November) so I'm not sure if that has any bearing?

I would start the process now. Start off with a phone call, if that doesn't work send a reminder with 7 days to pay, perhaps pointing out you expect them to chase the client. They can't simply fob you off with an excuse, they need to provide proof they're chasing their client with dates and threats of legal action.

If the reminder doesn't work then send a threatening letter pointing you won't tolerate non-payment as you're expecting them to take legal action against the client.

[northernladuk]

WTF would you waste time chasing payment yourself.

You use an accountant to do the accounts - you pass the debt to safe collections are similar to handle late payers.

Because I don't think it's late because of a serious problem at this point. In all past instances it's just been a short delay for one minor reason or another so I want to be on top of it to know which it is. If I get safe collections involved every time something is 7 days late I'd have wasted a lot of peoples time.

Once I know there is an issue and it's a bit more than some small delay they yes I would, but never had to.

[ApeShape]

Guess what. I STILL have not received payment for this. Spoken to the man at the helm numerous times and am getting countless promises....Sending you payment shortly, will get that over to you by tomorrow. Heard it all. Now approaching the 21st and this will mean the invoice is a full month past due.

[malvolio]

Just to be really pedantic, you can't opt in. You are in unless you and YourCo explicitly opt out at the point of engagement or renewal. That's one reaon why those clauses and forms in your contract bundle are worth SFA, since you're already past the point to opt out.

However the wording is so woolly and, more importantly, untested in court, so it will have zero impact on your payments in the real world. So stick to the dunning process and see where it goes.

Who is the man at the helm? Is he important enough to have an impact on the payment process (which will be handled somewhere other that at the recruitment agent level)?

[ApeShape]

The man at the helm is none other than the CFO! Yes, they're small enough that the CFO handles the dollar payments. I haven't really followed the dunning process as such, in that letters are sent. I have certainly called dozens of times and surely this must constitute to dunning of some sort. Irrespective of this I'm close to sending a Final demand email with the invoice and CCing the CEO.

On the opt in opt out question, this hasn't really come up yet in any of my discussions with the agent. Not really sure when it'll come into play.