What do agents earn on holding our money as long as posible?

[TheFaQQer]

I work through a brolly so I am technically an employee.
He owes us over 30k.

So what does your employer say about this?

[Lola C]

Did the client say that they were amenable to breaking their contract with the agency or not?

It's a good idea. Thanks.

I'll investigate.

[TheFaQQer]

It's a good idea. Thanks.

I'll investigate.

If they have stopped paying the agency because you asked them to, then they have already broken their contract with the agency and could be open to penalties as per their contract.

They can't just stop paying because you don't want them to, unless they are willing to open themselves up to paying penalties for breach.

[Lola C]

No, they haven't. They have paid as agreed, but the pimp is sitting on the money somewhere and doesn't pay me.
What's the point of paying him more of my money - by that I can get at least a part of what is due, if he ran away.

[Lola C]

If they have stopped paying the agency because you asked them to, then they have already broken their contract with the agency and could be open to penalties as per their contract.

They can't just stop paying because you don't want them to, unless they are willing to open themselves up to paying penalties for breach.

Please! The pimp has breached the contract twice already. Do you think he will pay the penalties???

[northernladuk]

Late payment isn't technically a breach unless payment forms part of the essence of the contract. You can charge 8% if it is over 30 days late.

I haven't digested every post on this thread but have you tried dunning them and are sending some pretty stiff mails about this using read receipt and the like?

There are plenty of articles on google about late payment.

and have a look at the payontime site for the process to recover.

The Late Payment of Commercial Debts Regulations 2013 - Pay on Time

If you are an umbrella you should be all over them really and they should sort it out for you but I am aware from other posts about people and late payment through brolly's some of them are not very proactive about it. Here are some posts on the same subject...

Maybe one of these might give you some help...

https://www.google.co.uk/search?q=la...m=122&ie=UTF-8

[TheFaQQer]

Late payment isn't technically a breach unless payment forms part of the essence of the contract. You can charge 8% if it is over 30 days late.

Yes it is, if payment terms are included in the contract. It won't be a breach sufficient to terminate the contract unless there are clauses in the contract (or implied contract by behaviour) which indicate that if there was a late payment that would give you the right to terminate the contract.

If you read what I wrote, my point was that if the client has a contract between themselves and the agency to pay for the work that the contractor does (which they evidently do), and the contractor then does some work, the client is legally bound to pay the money to the agency. The contractor can tell the client that they should stop the payment to the agency (as the OP says they have done), however that would be inciting the client to breach the client-agency contract which the client could then be penalised.

[Lola C]

Well, there is a huge difference between a late payment and no payment, which is my case.
There is no payment, and the payment terms are very well defined in my contract.

BTW, the agent doesn't need to know that the contractor told the client to stop paying. Let him think it's a delay.

You can only fight fire with fire.

[LisaContractorUmbrella]

Well, there is a huge difference between a late payment and no payment, which is my case.
There is no payment, and the payment terms are very well defined in my contract.

BTW, the agent doesn't need to know that the contractor told the client to stop paying. Let him think it's a delay.

You can only fight fire with fire.

What are the payment terms in the contract? To what extent have the terms been exceeded? Have you received any payments at all from this agency via your brolly? What excuses have been given, if any?

Your umbrella company should be fighting this for you if the contract terms have been exceeded

[Safe Collections]

If the pimp owes the brolly £30k, then we would guess it is more than one payment that has been missed is this correct?