Client won't sign timesheet

[r0bly0ns]

I would put it in writing as you suggest.

But be very polite, and make sure you are correct when stating that you have fulfilled your obligations.
There may be a clause in your contract stating that payment will be made to you when it is recieved from the client so look hard to make sure there isn't.

[zathras]

Thanks for these responses. I think it is worth putting this on a forum in case others run into the same.

So a few days ago the client manager agreed to sign the timesheets and we agreed no more overtime from me. I faxed and sent invoice to the agency just minutes later. I thought that was the end.

Now the agency is refusing to honour the invoice until the client pays them. The client is not returning calls/emails to agency to confirm they will pay and haven't started processing the payments. I have verbal confirmation from the client that invoices from agency will be paid.

How do I deal with this ? I have drafted a response to the agency along the lines that my relationship is with the agency and my invoices are not dependent on payment from the end-client to the agency. I have fulfilled all my contractual obligations to the agency. Is it my job to get the client to pay the agent ?? Real man in the middle here.

Of course I want the client to pay up but in the end I don't think the agency can withhold money because they haven't been paid.

Thoughts ?

Sue the agency. If they are required to pay you for the work now there is a signed timesheet then it matters not a jot that the client has not paid them. The problems the agency has with the client are their problem, not yours.

However with you and the client being in Germany, the agency being in the UK and I'm not sure the domicile of your company (if you have one), I'm, not sure how you go about doing that.

[NotAllThere]

Start charging interest for late payment, and an admin charge.

[mace]

Payment disputes

Are difficult to solve.

On a legal basis, you need to send the agency a final 'letter of claim' specifying what is owed, and how it breaches the terms in your contract.
If this doesn't produce a result then I'd send an email to REC, if they're a member. If this doesn't work either and the money owed is less than £5k then, after 2 weeks, file a claim on www.moneyclaim.gov.uk. I successfully forced a large financial investment money to pay up using this route, so I'd be very surprised if an agency didn't roll over at this point.

On the downside, if the agency are real cowboys, they might ignore you right up to the case coming to court and even refuse to pay up after an award is made in your favour. At each stage, you're raising the stakes. Taking the legal route is always a gamble and should be used very much as a last resort.