Can I sue?

[Boo]

We don't think anyone is encouraging you to submit to a fraudulent claim,

AIUI the "fraudulent claim" is being made by the agency wrt the quality of wotk, the OP is not suggesting his/her claim is fraudulent.

Boo

[nucastle]

Bit of an update. The client who refused payment have agreed to pay 4 days instead of the invoiced 18, with the use of some fag packet maths based on a mythical '15 days' that the end-end client supposedly refused the pay.

We badgered them for proof of this, which dragged on, and eventually they came back with this offer.

My umbrella has offered to sign the debt over to me, as they have washed their hands of the issue, claiming it's something they don't do.

SO - Is this something that I can get signed over to me and then get a collection agency on the case? What kind of fees do these people charge?

[ASB]

Bit of an update. The client who refused payment have agreed to pay 4 days instead of the invoiced 18, with the use of some fag packet maths based on a mythical '15 days' that the end-end client supposedly refused the pay.

We badgered them for proof of this, which dragged on, and eventually they came back with this offer.

My umbrella has offered to sign the debt over to me, as they have washed their hands of the issue, claiming it's something they don't do.

SO - Is this something that I can get signed over to me and then get a collection agency on the case? What kind of fees do these people charge?

take advice. But I thi k the people you need to suing are your umbrella. That is where the contractual nexus lies. Of course the contents of your contract with the brolly become highly relevant.

[Contreras]

The Brolly should really be taking a hardline with this given the length of time you put in with this particular client. What if anything are the brolly doing or saying to recover this balance? Also be aware that some brolly co's may prefer to pass the buck and assign this debt directly to you, we would generally advise against that as it makes any kind of recovery more complicated.

My umbrella has offered to sign the debt over to me, as they have washed their hands of the issue, claiming it's something they don't do.

SO - Is this something that I can get signed over to me and then get a collection agency on the case? What kind of fees do these people charge?

There's one posting in this thread ^^. How about giving them a call?

[LisaContractorUmbrella]

Your umbrella should not be 'passing the debt' to you - they are your employer and they have the b2b contract with the agency - recovery of the debt is their responsibility not yours

[psychocandy]

Bit of an update. The client who refused payment have agreed to pay 4 days instead of the invoiced 18, with the use of some fag packet maths based on a mythical '15 days' that the end-end client supposedly refused the pay.

We badgered them for proof of this, which dragged on, and eventually they came back with this offer.

My umbrella has offered to sign the debt over to me, as they have washed their hands of the issue, claiming it's something they don't do.

SO - Is this something that I can get signed over to me and then get a collection agency on the case? What kind of fees do these people charge?

Yeh umbrella company are not chasing this because its not the ones losing out on payment. Or at least they are but not much and not enough for them to cause hassle.

Time to escalate I feel and focus their attention.

[Safe Collections]

Bit of an update. The client who refused payment have agreed to pay 4 days instead of the invoiced 18, with the use of some fag packet maths based on a mythical '15 days' that the end-end client supposedly refused the pay.

We badgered them for proof of this, which dragged on, and eventually they came back with this offer.

My umbrella has offered to sign the debt over to me, as they have washed their hands of the issue, claiming it's something they don't do.

SO - Is this something that I can get signed over to me and then get a collection agency on the case? What kind of fees do these people charge?

We tend to charge a percentage based on the age and value

But, we would not recommend that you have the debt signed over to you. Even if done properly (and in our experience it rarely is) it adds another level of confusion to the claim and gives a ready made defence to any court action. Ie "Our contract was with ABC Brolly Ltd not Mr Nucastle".

In our opinion If anyone should be engaging a collection agency, it should be the brolly as they hold the contractual ties to the end client.

[nucastle]

The Umbrella doesn't want to know as they still think a contract has not been breached.

I asked them what was to stop any client refusing to pay by 'claiming' that their end client refused to pay, or disputed the time spent on things, or by claiming that the work was not of a good standard .... they didn't have any real answer to that.

So - I think getting in touch with a solicitor who can 'encourage' my Umbrella that there is something to pursue here, is probably what I should do next. I think i'm done with trying to convince them via email that its not 'cool' that i've had just shy of 4 weeks earnings taken from me.

Any contractor friendly solicitors anyone can recommend?

[Safe Collections]

The Umbrella doesn't want to know as they still think a contract has not been breached.

I asked them what was to stop any client refusing to pay by 'claiming' that their end client refused to pay, or disputed the time spent on things, or by claiming that the work was not of a good standard .... they didn't have any real answer to that.

So - I think getting in touch with a solicitor who can 'encourage' my Umbrella that there is something to pursue here, is probably what I should do next. I think i'm done with trying to convince them via email that its not 'cool' that i've had just shy of 4 weeks earnings taken from me.

Any contractor friendly solicitors anyone can recommend?

As you are technically an employee of the Brolly it might be worth giving ACAS a call prior to actually engaging a solicitor. They are on the web here and the advice is free of charge (unlike a solicitor).

If you don't have any joy with them let us know

[Taita]

The Umbrella doesn't want to know as they still think a contract has not been breached.

I asked them what was to stop any client refusing to pay by 'claiming' that their end client refused to pay, or disputed the time spent on things, or by claiming that the work was not of a good standard .... they didn't have any real answer to that.

So - I think getting in touch with a solicitor who can 'encourage' my Umbrella that there is something to pursue here, is probably what I should do next. I think i'm done with trying to convince them via email that its not 'cool' that i've had just shy of 4 weeks earnings taken from me.

Any contractor friendly solicitors anyone can recommend?

The end client is of no consequence. The brolly is your employer and the conditions of your contract will apply. Very likely there is a condition absolving them of responsibility but also likely that it has not been tested in a tribunal. Check with ACAS and if they think you have a case pursue it vigorously.

www.acas.org.uk/