Worked in November and still no payment received!

**Epiphone** · 20 August 2007, 12:21

Do they definatly owe the money? If they do sue. Simple as that. Forget what the contract between pimp and client is, you're only interested in your commercial contract.

You can small claims online, or if you're really vindictive issue a winding up order - that'll get their attention.

**TheFaQQer** · 20 August 2007, 14:09

Have a look at the pay on time website - you should invoice again, with interest charged.

Follow up with a solicitor letter and then a summons / winding up order.

Name and shame them.

**richard-af** · 20 August 2007, 15:25

That Winding Up thing is pretty impressive stuff. I'll bear it in mind if I ever get the smelly end of the stick. Thanks!

**kesm** · 23 August 2007, 09:22

I just rung the company up and they told me that due to the reasons I left (we had a disagreement on the rate) it is up to the agency to pay me.

The agency tells me that the company has to pay me....

Someone is lying... any suggestions on how to proceed with this?

**Epiphone** · 23 August 2007, 10:18

Who's your contract with? They owe you the money.

**kesm** · 23 August 2007, 10:36

I didn't sign anything, I had sent a copy of my passport to the agency in my 2nd day. (I was let go after 3.5 days).

What I have is some emails from the agency including the New Starter Details, and some emails that I sent from my personal work account (that is when I was working at this company) to my hotmail address.

Any ideas?

thank you! (what a mess!)

**designationlocutus** · 23 August 2007, 10:43

Hi,

If there is no signed agreement then the agency or the company may claim that you never worked for them and refuse to pay you anything. Its a shame that. I always get a signed agreement in place before I start any work for anyone.

**XLMonkey** · 23 August 2007, 10:48

Your best bet is to pursue the agent and threaten court action. Your chances of success in court itself may be limited (since you don't have a signed contract, you would need to rely on the court accepting that a contract actually existed).

However, if its for a small amount of money (for the agency, at least), then the threat of court action may be sufficient to make them cough up to get you to go away.

Guess the lesson learned is always to get the contract signed before you start etc.... though that's a lot easier said than done.

**Jason D** · 23 August 2007, 11:58

Debt

To satisfy the 'protocol' approach you should write a letter (and keep a copy) stating that the contract was between you and them (agent) and that you will be charging interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the given rate of 8% over base (so currently 12%). In addition, if the debt is not paid by (stipulate a date - 14 days from now is more than reasonable) then further action will be taken to recover the debt. If still unpaid at that date immediately follow up with a third party to then send them a letter before action giving them seven days to pay. The third party involvement will usually spur them into trying to resolve the issue and can be anyone - don't use a solicitor they are generally not intersted in this sort of work (with exceptions, of course).

This may seem onerous but as said earlier it satisfies the protocol approach and demonstrates to the court that you have taken all reasonable steps to recover the debt without jumping into litigation.

Some have mentioned winding up - but that is a costly affair and you could be throwing good money after bad when it gets kicked out by defence.

Don't forget if you do sue them and the debt is less than 5K (never know for 3.5 days with some

) then you won't get your costs back even if you do obtain judgement - and then you have the headache of enforcing it. But don't let that stop you - it's often a principal thing.

www.golimited.biz

Worked in November and still no payment received!