no timesheet, opted-Out...any chance I can get my money?

[jonson]

no the contract definitely said no notice needed to be given by either side..it was only for 5 weeks but a good day rate

yeah might let it slide, but no harm in coughing up £2 and then £35 to see if they chicken out...bit of a gamble but I want to at least feel like I tried...

The client really irritated me though, with his claims that I said 'he could have the day for free'...I'm Scottish..so theres no way I said that...case closed

[SussexSeagull]

Bearing in mind the recent IR35 questions, would it not make sense to at least make a token effort to retrieve it and look 'more like a business'?

[jonson]

Bearing in mind the recent IR35 questions, would it not make sense to at least make a token effort to retrieve it and look 'more like a business'?

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

So if I opted out, is it the agency or the client I take to small claims? If it's a limited to limited company service...maybe its the client I should be chasing no?

[TheFaQQer]

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

So if I opted out, is it the agency or the client I take to small claims? If it's a limited to limited company service...maybe its the client I should be chasing no?

Who is your contract with? I'd guess that you might be able to name both companies as joint defendants, but don't know.

I'd check carefully the status of the opt-out, regardless of whether the agency says you are opted out or not.

[psychocandy]

Fire off a small claim for little cost easy enough and then sit back and see what happens.

When similar happened to me they just ignored it and a court date was set. No skin off my nose, to drive the few miles to my local court.

Didnt stop the agency trying to threaten me the day before that they were going to turn up with a team of lawyers and sue my ass (its small claims court you cant claim 'costs'). As if they were ever going to bother for £400 or whatever it was.

In the end, turned up at court, no sign of agency or their team or lawyers, just a fax they'd sent to the court saying they'd pay up plus costs. Judge was great - advised me how I could freeze their accounts, send the bailiffs in if they didnt pay up. But they spolit my fun and paid up or it could have been a blast!

[Contreras]

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

You might be surprised how easily your opponent rolls over faced with a genuine threat of legal action.

If you really can't be bothered to be dealing with it yourself then hand it over to a no-win-no-fee debt collection agency and let them do the chasing while you get back to fee earning. (I can suggest one such outfit but won't spam their details here).

[jonson]

Just an update guys, sent a letter through Thomas Higgins (email+letter option), agency were straight away on the phone to me asking why I was being so aggressive...they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...if only I had a penny for every time I heard that one...I said I just want to be paid for the work I did, hardly a reason to bitch about someone to others....

so anyway I guess it worked...it's not like they are going to work with me anyway, take or leave the money, so I guess I'll take it...I also signed up my loyal clients to me directly, by registering as a supplier..there was only 1 client I didn't want to loose tbh, the rest were not worth it

[NotAllThere]

......they said they would pay me the money but wouldn't work with me again unless they could make money out of it

FTFY

[Wanderer]

they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...

"You'll never work in this town again".

Yeah, whatever. I betcha they will be straight back as if nothing happened if another job comes up.

[SueEllen]

Just an update guys, sent a letter through Thomas Higgins (email+letter option), agency were straight away on the phone to me asking why I was being so aggressive...they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...

That was a quick response I nearly missed it.

It's strange how agencies roll over when there is a threat of getting legal.