Legal help needed

[ladymuck]

I'd give it a try though. Chance of success is slim, granted.

Would love to know why the client won't pay the extra two weeks. I do wonder if there's something we haven't been told about.

[northernladuk]

They said they worked five weeks.

Something isn't right here. Why would a client only pay for three if the OP has worked five. That makes no sense. What might make sense is the replacement isn't cheaper. What if the OP has been that bad the client has had to replace them and they believe what has been delivered is only worth three weeks not five. I don't think we are getting the full story here as usual.

[SimonMac]

There are two fights here, OP will need to fight to prove the opt out was invalid as the agency has a signed piece of paper which says it was. Once that is resolved they will then have to use that to get the extra two weeks.

You have to be lucky every time, they only have to be lucky one

[northernladuk]

There are two fights here, OP will need to fight to prove the opt out was invalid as the agency has a signed piece of paper which says it was. Once that is resolved they will then have to use that to get the extra two weeks.

You have to be lucky every time, they only have to be lucky one

That's the theory yes. Thing is, opt in/outs are done so badly due to neither the contractor nor agency understand it so the chances of him proving it to the point the agency will accept it are nil. Then there is the fact even if he does the agent just won't pony up.

I think he needs a lot more than luck on this one I am afraid.

[eek]

That's the theory yes. Thing is, opt in/outs are done so badly due to neither the contractor nor agency understand it so the chances of him proving it to the point the agency will accept it are nil. Then there is the fact even if he does the agent just won't pony up.

I think he needs a lot more than luck on this one I am afraid.

From my reading of it the options are 3 weeks money without any real hassle or 5 weeks money if you push things and the agency caves in.

And I really can't see the latter occurring because in the previous case like this we saw that even Safe Collections didn't see much change of success.

I would suggest as I've continually done that the OP takes the 3 weeks being offered and chalks it down to experience.

[JohnM]

Does stagger me that people think it is acceptable for clients to wriggle out of paying invoices.

Not really my field but go through the Dunning process. Good luck.

Totally agree

Send them a letter before action and lodge a claim with the small claims court

[Lance]

Totally agree

Send them a letter before action and lodge a claim with the small claims court

sigh....

Send an invoice. The start dunning after late payment has been reached.
You can't just go straight to court. The judge will throw your vexatious claim out.

[JohnM]

sigh....

Send an invoice. The start dunning after late payment has been reached.
You can't just go straight to court. The judge will throw your vexatious claim out.

I have had it happen to me once in 20 years, they paid up after I sent the letter before action

I agree this will not always happen but it costs nothing to send and it at least helps focus minds within the business who are not paying you

[Lance]

I have had it happen to me once in 20 years, they paid up after I sent the letter before action

I agree this will not always happen but it costs nothing to send and it at least helps focus minds within the business who are not paying you

letter after invoice?
Or just letter?
And what do you think dunning is? (hint: it's sending letters).
But you still need the invoice raised otherwise what are you asking them for?

[northernladuk]

From my reading of it the options are 3 weeks money without any real hassle or 5 weeks money if you push things and the agency caves in.

And I really can't see the latter occurring because in the previous case like this we saw that even Safe Collections didn't see much change of success.

I would suggest as I've continually done that the OP takes the 3 weeks being offered and chalks it down to experience.

This.

/thread