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

**Scruff** · 24 March 2016, 13:33

What does the contract say? Umbrella or Ltd?

From your wording, it sounds like Umbrella.

**oracleslave** · 24 March 2016, 13:34

Originally posted by cosmos View Post

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

How long was the notice period in your contract?
Opted in/out?
Did the client sign your timesheets?
On what basis are the client refusing to pay? Did they raise concerns regarding the quality of your work via any formal channels?

**BrilloPad** · 24 March 2016, 13:34

Did you opt in or out?

Sounds like you should have been paid. So really agency should be suing the client.

**SlipTheJab** · 24 March 2016, 13:38

Let them sue you for the money if they think they are justified in asking for it back, sounds like they should be going after the client like wot BP said.

**northernladuk** · 24 March 2016, 13:41

Yep and no. Payment problems happen a lot when there is a dispute and the contract comes to a messy end. The contractor is at the end of the gravy train so the one that is left out in the cold. That said I've never seen someone paid and then being asked for the money. Normally the agent withholds the money.

So... Forgetting all the factoring/what's in contract yadda yadda I can't help feeling they are on a wish and prayer here as you have the money with possession being 9/10ths and all that so the quick answer is to tell them to speak to your solicitor and you'll see them in court and don't respond to single correspondence again.

Take that approach and if they do sound deadly serious and it starts to go legal then get yourself a contract specialist. It could get messy.

**northernladuk** · 24 March 2016, 13:43

Originally posted by Scruff View Post

What does the contract say? Umbrella or Ltd?

From your wording, it sounds like Umbrella.

It does??? How?

**dx4100** · 24 March 2016, 14:01

If I had a signed off timesheet or such like, was opted in, had actually done the work requested and had served them the notice period in full and correctly with an email chain.

I would simply tell them you are keeping the money and speak to my solicitor. Its up to them to go after the client in that situation and no judge is going to say otherwise, in my uneducated opinion.

If some of the above isn't the case then it might be a bit more complex.

**SlipTheJab** · 24 March 2016, 14:11

Originally posted by northernladuk View Post

Yep and no. Payment problems happen a lot when there is a dispute and the contract comes to a messy end. The contractor is at the end of the gravy train so the one that is left out in the cold. That said I've never seen someone paid and then being asked for the money. Normally the agent withholds the money.

So... Forgetting all the factoring/what's in contract yadda yadda I can't help feeling they are on a wish and prayer here as you have the money with possession being 9/10ths and all that so the quick answer is to tell them to speak to your solicitor and you'll see them in court and don't respond to single correspondence again.

Take that approach and if they do sound deadly serious and it starts to go legal then get yourself a contract specialist. It could get messy.

Could IPSE help here?

**northernladuk** · 24 March 2016, 14:17

Originally posted by SlipTheJab View Post

Could IPSE help here?

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.

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