Agency not paying

**moorfield** · 17 June 2008, 13:01

This should have rung alarm bells for you before you even signed the contract...

Cut your losses, find another contract, and walk.

**KevinS** · 17 June 2008, 13:05

Get a solicitor to look at it.. If you have emails saying how happy they are, then they suddenly change their minds when they owe you money, it seems very dodgy.. Also, I doubt that clause about not being paid would be enforceable in court (IANAL)..

Name and shame, please - who is the agency??

**TheBigYinJames** · 17 June 2008, 13:07

Also if the end client was happy, let them or their HR/finance department know how you have been treated. Having the ear of the end client has helped me out in the past with unscrupulous agencies - you may not have any leverage with them once the contract is done, but they may have.

**beeker** · 17 June 2008, 13:08

Originally posted by cobraclem View Post

Hi folks,

Is it legal to put the following clause in a contract 'if the agency deems that the personnels (i.e. contractors) behaviour, attitude, demeanour is predjudicial to the interests of the agency, the agency reserves the right to terminate this agreement forwith and withhold payment of outstanding invoices'.

I have numerous emails from the client saying how happy they are with my work, plus and termination letter from the agency saying the contract finished early due to changing client requirements, and how happy the agency were ith my 'professionalism and knowledge of the subject', however, they have just sent me an email quoting this clause and are refusing to pay my invoices.

It seems completely unfair that the agency can just subjectively decide that my behaviour, attitude or demeanour was wrong and not pay me.

Any advice on my legal position and options for redress are greatly appreciated.

Thanks

Legally, you can put anything in the contract. Making it stand up in a court is another thing. If you have documented evidence to prove your work was satisfactory then they haven't got a leg to stand on.

How much are we talking about here? A solicitors letter followed by a small claims court submission should be enough to make them pay.

Failing that - are they a member of any professional bodies (REC) which you can contact?

Name and shame x 2

**cobraclem** · 17 June 2008, 14:26

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

**Jubber** · 17 June 2008, 17:42

Originally posted by cobraclem View Post

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

HOW MUCH !! My "demeanour" would be very "predjudicial to the interests of the agency" when I was in their office taking 14 Gs out of them with a chair.

Jeeeeeezus !!

**BrilloPad** · 17 June 2008, 18:44

Originally posted by cobraclem View Post

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

Have you spoken to them about it? Will they say anymore than quote the clause?

**RichardCranium** · 17 June 2008, 19:43

Originally posted by cobraclem View Post

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

Stop messing about. Get your arse up the county court tomorrow and fill in a small claims form. Get it sent off.

**cobraclem** · 17 June 2008, 21:16

Yep - I think your right - I've emailed, phoned and texted to no avail. Should I go down the 'small claims' route or take out a 'County Court Judgement' against the agency?

I will keep this thread updated with my progress and once I have successfully won the case I will take great joy in naming and shaming.

Thanks for all the posts.

Agency not paying