Main contractor gone into administration, unsigned time sheet, agency refusing to pay

[matlee]

Hi guys,

Mid February - the end of March i was doing some work for a company via an agency. The work itself was only 2 days a week with each week being in a different location. I was the only manager on site. I knew that nearing the end of the contract id be visiting the main contractor's head office for a meeting so decided to wait until then to get my time sheets signed (11 days in total).

Unfortunately about a week before this meeting the main contractor had gone into administration with almost everyone finishing instantly. This meant that there was no one left to actually sign my time sheets. As a result the agency have turned around and said that due to the time sheets being unsigned they wont be paying me.

Ive got numerous digital photos (dated) of all the jobs that i had taken for progress reports, many emails with reports on about the work which was carried out and signing in books at the sites with my signature in to prove i was there. Is this evidence worth anything in my argument?

What would be my next step of action or am i fighting a losing battle?

[Wanderer]

Unfortunately about a week before this meeting the main contractor had gone into administration with almost everyone finishing instantly. This meant that there was no one left to actually sign my time sheets. As a result the agency have turned around and said that due to the time sheets being unsigned they wont be paying me.

Your contract was with the agency, not the end client so I would bill the agency even without timesheets and follow up with the standard dunning process then legal action through the small claims court, see Pay on Time. Generally, it's the agency's problem if the client doesn't pay though they will do their best to make it your problem too.

If you didn't sign the opt out then they still have to pay you even if you don't have signed time sheets but even if you did opt out then it may not be valid so I'd pursue it anyway.

Good luck and let us know how you get on!

[Safe Collections]

Your contract was with the agency, not the end client so I would bill the agency even without timesheets and follow up with the standard dunning process then legal action through the small claims court, see Pay on Time. Generally, it's the agency's problem if the client doesn't pay though they will do their best to make it your problem too.

If you didn't sign the opt out then they still have to pay you even if you don't have signed time sheets but even if you did opt out then it may not be valid so I'd pursue it anyway.

Good luck and let us know how you get on!

As usual Wanderer is spot on, although we notice we never get a mention between dunning and small claims *cough*

Also you need to check your contract with the agency for a "we pay when we get paid clause" as some agents try and sneak these in to cover themselves in these situations, irrespective of your opt-out status.

The basic rule is as long as you have proof that the work was carried out, you have a legitimate claim for payment.

[matlee]

Many thanks for the replies guys.

They are still adamant that they wont pay out so whats my next course of action?

Shall i send a letter to them stating that i want full payment or else legal action will be taken? Are there time limits i need to stick to, i.e give them 7 days to reply etc? Also how would i go about wording it?

[eek]

Many thanks for the replies guys.

They are still adamant that they wont pay out so whats my next course of action?

Shall i send a letter to them stating that i want full payment or else legal action will be taken? Are there time limits i need to stick to, i.e give them 7 days to reply etc? Also how would i go about wording it?

You see the post above yours. Ask them to deal with it and move on.

And move quickly. If its the disaster I think it is the Agency are probably trying to avoid paying everyone to avoid going belly up themselves.

[Safe Collections]

And move quickly. If its the disaster I think it is the Agency are probably trying to avoid paying everyone to avoid going belly up themselves.

If the end client has gone into administration it is a virtual certainty that the agency will have invoices currently unpaid. This has no doubt had an impact on the agents cashflow and in situations like this it is often a case of they who shout loudest get paid first.

You can imagine the situation if they have creditors of £150K and only £75k in reserve...

[matlee]

Again, many thanks for your help guys.

One last question, who should i address the letters to? Should it be to the agency or to a particular person in the agency?

[eek]

Again, many thanks for your help guys.

One last question, who should i address the letters to? Should it be to the agency or to a particular person in the agency?

Agency and Directors of the agency. But as SafeCollections said above the longer you faff around the less likely you are to get any money so deal with it tonight. And if you don't want to do it offload it tonight to someone who will.