• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Advise needed on non payment from Agency, any contracts solicitors monitoring this gr

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Advise needed on non payment from Agency, any contracts solicitors monitoring this gr

    Hi, My UK based agency is frequently late in making payments and at one point also threatened me that they would altogether stop paying me when I made enquiries about their practices.

    At that stage I reminded them of the contract specifically the payment terms and then threatened them with legal action because if they did not pay me this was clearly a breach of the contract.

    As far as I can tell they have on multiple occasions breached the payment terms clearly set out in the contract.

    I have decided to terminate my contract with this agency and now I am concerned that they will not pay me for 3 months of billings that are outstanding. My invoice for april 2014 remains unpaid, and they have/will invoice my client until June 2014.

    Are there any solicitors here willing to take this up as a case to apply legal pressure and if necessary take the agency to court ?

    The contract I have is legally enforceable in UK and Wales.

    Thanks.

    #2
    Originally posted by overseascontrator View Post
    Hi, My UK based agency is frequently late in making payments and at one point also threatened me that they would altogether stop paying me when I made enquiries about their practices.

    At that stage I reminded them of the contract specifically the payment terms and then threatened them with legal action because if they did not pay me this was clearly a breach of the contract.

    As far as I can tell they have on multiple occasions breached the payment terms clearly set out in the contract.

    I have decided to terminate my contract with this agency and now I am concerned that they will not pay me for 3 months of billings that are outstanding. My invoice for april 2014 remains unpaid, and they have/will invoice my client until June 2014.

    Are there any solicitors here willing to take this up as a case to apply legal pressure and if necessary take the agency to court ?

    The contract I have is legally enforceable in UK and Wales.

    Thanks.
    Do a forum search for 'dunning'.

    SafeCollections will hopefully be along at some point.
    The material prosperity of a nation is not an abiding possession; the deeds of its people are.

    George Frederic Watts

    http://en.wikipedia.org/wiki/Postman's_Park

    Comment


      #3
      Originally posted by speling bee View Post
      Do a forum search for 'dunning'.

      SafeCollections will hopefully be along at some point.
      Not if you use the term Dunning at them they won't...
      Best Forum Advisor 2014
      Work in the public sector? You can read my FAQ here
      Click here to get 15% off your first year's IPSE membership

      Comment


        #4
        Originally posted by overseascontrator View Post
        I have decided to terminate my contract with this agency and now I am concerned that they will not pay me for 3 months of billings that are outstanding. My invoice for april 2014 remains unpaid, and they have/will invoice my client until June 2014.
        Make sure you terminate the contract correctly, so that there is no legal recourse open to them - you wouldn't want to get to court because you think they owe you money and have them prove that you had no right to terminate and it's cost them money.

        Originally posted by overseascontrator View Post
        Are there any solicitors here willing to take this up as a case to apply legal pressure and if necessary take the agency to court ?
        I've not seen anyone with any legal qualifications post on CUK, but they may keep them well hidden. Have a look at the payontime website so that you understand your legal rights. Have a look at the small claims court guidelines to see whether you can file a claim there if there is no future payment - I can't remember the limit on your claim that they will process.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
        Click here to get 15% off your first year's IPSE membership

        Comment


          #5
          Hope you get it sorted... but I'm not sure I'd actually continue turning up on site once my invoice was overdue by a few weeks, let alone a few months

          Comment


            #6
            Originally posted by SpontaneousOrder View Post
            Hope you get it sorted... but I'm not sure I'd actually continue turning up on site once my invoice was overdue by a few weeks, let alone a few months
            +1 to that.
            SafeCollections, as others have posted, may be able to help.
            Hope you get it sorted but if they are still quibling over April, be prepared for even more delays if you have to go legal.

            Good luck, keep us posted.
            If it looks like a duck, walks like a duck, quacks like a duck,it must be a duck

            Comment


              #7
              Originally posted by overseascontrator View Post
              Hi, My UK based agency is frequently late in making payments and at one point also threatened me that they would altogether stop paying me when I made enquiries about their practices.

              At that stage I reminded them of the contract specifically the payment terms and then threatened them with legal action because if they did not pay me this was clearly a breach of the contract.

              As far as I can tell they have on multiple occasions breached the payment terms clearly set out in the contract.

              I have decided to terminate my contract with this agency and now I am concerned that they will not pay me for 3 months of billings that are outstanding. My invoice for april 2014 remains unpaid, and they have/will invoice my client until June 2014.

              Are there any solicitors here willing to take this up as a case to apply legal pressure and if necessary take the agency to court ?

              The contract I have is legally enforceable in UK and Wales.

              Thanks.
              You are supposed to be in business! Why did you leave it so long to ask the question?

              As others have said, one day late and I would be on their case, one week and I would be gone!!!

              Comment


                #8
                Originally posted by tractor View Post
                You are supposed to be in business! Why did you leave it so long to ask the question?

                As others have said, one day late and I would be on their case, one week and I would be gone!!!
                What you would do is your choice and plus you maybe making assumptions about my situation.

                In any case your comments are not helpful and do not answer any of my questions posted.

                Comment


                  #9
                  Originally posted by TheFaQQer View Post
                  Make sure you terminate the contract correctly, so that there is no legal recourse open to them - you wouldn't want to get to court because you think they owe you money and have them prove that you had no right to terminate and it's cost them money.


                  I've not seen anyone with any legal qualifications post on CUK, but they may keep them well hidden. Have a look at the payontime website so that you understand your legal rights. Have a look at the small claims court guidelines to see whether you can file a claim there if there is no future payment - I can't remember the limit on your claim that they will process.
                  I appreciate your comments and the contract is terminated correctly without recourse.

                  I am well aware of my statutory rights in being able to claim interest on unpaid invoices, small claims court etc..

                  I was hoping that there would be a more direct and less time consuming method that members here might be aware of.

                  Comment


                    #10
                    Originally posted by SpontaneousOrder View Post
                    Hope you get it sorted... but I'm not sure I'd actually continue turning up on site once my invoice was overdue by a few weeks, let alone a few months
                    Thanks I hope i will also,

                    But if I follow your advise I would have just breached the contract terms! this would give the agency justification to claim damages and not make any further payments!!

                    Comment

                    Working...
                    X