Agency want me to pay money back that they've already paid me

[SlipTheJab]

Dunno TBH. This is assuming he has membership. They have IR35 representation but I don't know about just contract lawyers.

A lot would depend on how much we are talking here. Not a chance they will chase 5-10k through a lawyer. They might if they are paid more I dunno. I've never seen a case where their factoring solution has shot them in the foot so it's new ground. But as was said. It's up to the agency to recover from the client not contractor. They are just picking on him as he is a softer touch than the client. Just don't be the soft touch.

+1, tell em to shove it

[SimonMac]

I recently left a contract after, shall we say, a "falling out" between myself and a line manager at Client Co. I informed the ClientCo and agency immediately of my intention to leave in two weeks as I found another (and better gig) and even worked a couple of weeks notice. I was paid up for the time I worked and I thought that was that.
Now the agency are claiming that ClientCo are refusing to pay them for my last month of services and want me to repay the money they have paid me for that month.

Just wondering where I stand on this? Has anyone experienced anything like this before?


Thanks

The only possible thing that could go against you is if you didn't serve the full notice in your contract.

[SueEllen]

Just wondering where I stand on this? Has anyone experienced anything like this before?

If you have done the work and the timesheet is signed tell the agency to foxtrot oscar. Do this in writing. Be polite but firm.
Then do not correspond with the agency again.

If they phone you up, interrupt them and tell them to put any requests in writing then put the phone down on them.

If they are deadly serious they will open up a court case. This they won't want to do as it's likely their contract with you is a complete mess.

[SueEllen]

The only possible thing that could go against you is if you didn't serve the full notice in your contract.

The agency is trying it on. There are clauses in the contract which means the client or agency can get rid of you immediately. The OP told the client they were leaving and the client could have complained when the notice was served but didn't.

[Scruff]

It does??? How?

...pay me...

[northernladuk]

...pay me...

Riiiiiiight.

[SimonMac]

The agency is trying it on. There are clauses in the contract which means the client or agency can get rid of you immediately. The OP told the client they were leaving and the client could have complained when the notice was served but didn't.

They may be trying it on, and by the sounds of it they certainly are, but when it gets messy it will some to down whats in the contract, and if the contract says the OP has to give a months notice and only gives two weeks he is in breach.

Many people have asked what his contract says, I assume to see if the agents has breached, playing devils advocate one has to also make sure the contractor has done things be the letter too

[NotAllThere]

...pay me...

I think it is fairly obvious that "the agency pay me" is shorthand for "the agency pay my ltd company" or "the agency pay my brolly".

[Andy Hallett]

I recently left a contract after, shall we say, a "falling out" between myself and a line manager at Client Co. I informed the ClientCo and agency immediately of my intention to leave in two weeks as I found another (and better gig) and even worked a couple of weeks notice. I was paid up for the time I worked and I thought that was that.
Now the agency are claiming that ClientCo are refusing to pay them for my last month of services and want me to repay the money they have paid me for that month.

Just wondering where I stand on this? Has anyone experienced anything like this before?


Thanks

On what grounds are they claiming that you must repay?

The client refusing to pay them is not your issue if you have conformed to YOUR contract with the agency.

[Drei]

Was interested in knowing on what grounds they decided to refuse but looks like the OP just fired off the question then left it, makes you wonder.