Next Ventures: agency does not pay to contractor.

[fre92]

The case is quite straight: the job has been done, the timesheet signed by client and submitted to the agency (Next Ventures) in time (last day of month), along with invoice. No any claim from client side.
Next Venture has never paid that invoice despite several reminreds. First they excused as they allegedly messed up with bank details (surely lied), so I tried to be honest (mostly to the client) and did not stop working immediately, probably that was my mistake.
Now they just simply ignore my messages and phone calls.

I read about similar case with NV on Glassdoor (unfortunately too late) but now this information is removed.

I am contracting for about ten years, so kindless agencies do not surprise me, I do not much care while they pay. But non-paiment is the first time.
So I would appreciate any suggestion what to do in this case.
The client and contractor (me) are both in France, but contract signed with NV in UK (I think they have no registered office in EU).
This case is liable under French Tribunal, but then AFAK might be a problem with execution of the decision of French Tribunal in UK.
Is there a kind of 'fastrack' for such cases in UK (as it is in France)? Should I look for an UK lawyer? If so, could anyone suggest a reliable (and desirable not too expensive)?

Thanks in advance.

[Lance]

you need to start the dunning process.
Google it.
It would be a mistake to get lawyered up too soon.
There is a fast track court service, but you have to have made efforts yourself to get paid before you use them.

Has the client paid the agency?
Does the client have any other contractors with that agency?
How did you come across them?

It seems irregular for a French company to use a UK agency for a French based worker. French contractor agencies are commonplace, so why are this UK bunch involved?
Something sounds very dodgy here. Who's trying to bypass French tax laws??? And it isn't a great idea.

[pr1]

What degree of late are we talking about...

What date (A) did you submit the invoice?
What are your agreed payment terms?

How many days/weeks have you continued working for beyond date A?
Have you submitted any further invoices?

[northernladuk]

And erm, how much are we talking about?

Check with client to see if they've paid the agency.
Start the dunning progress with letters inc signed for to get some evidence.
Get a solicitor to write a letter to them and follow up with a letter before action.

Generally does the trick.

[fre92]

you need to start the dunning process.
Google it.
It would be a mistake to get lawyered up too soon.
There is a fast track court service, but you have to have made efforts yourself to get paid before you use them.

Please elaborate a bit more, how the legal process should go on in UK.
I googled, and it returned nothing but sending reminder letters, what I already did with emails (I've got reading confirmations, and no reply).
Since them are totally ignoring now, I afraid I have no choice.
In France, there is so-called 'Mise en demure' letter, which is obligatory to be sent before going to Tribunal. I could do everything myself in France without lawyer, but not in UK.

Has the client paid the agency?
Does the client have any other contractors with that agency?
How did you come across them?

It seems irregular for a French company to use a UK agency for a French based worker. French contractor agencies are commonplace, so why are this UK bunch involved?
Something sounds very dodgy here. Who's trying to bypass French tax laws??? And it isn't a great idea.

Well, may be what I wrote was not certain enough, sorry, English is not my native.
The client is not French company, it's a quite big international company. The Bigs usually pay late, but should I really care? The agency charge their fees, and should keep their part of contract. I do not think it is unusual for international companies to use any agency, at least I am aware about some other similar cases with other companies and agencies. I know also there are other contractors in France working through Next Ventures agency.
Should I really care if the agency and/or client are/is trying to bypass any tax, if I do pay mine?

[northernladuk]

Dunning is a process of pestering the people that owe you debt in a structured manner. You start of politely and then over time keep escalating the method. If you are past emails and phone calls it then becomes letters, then signed for letter, then requests from a solicitor then ending up with threat of court action. It's not just sending empty threats to 'sue' them. It's structured in a way that either the people that owe money get sick of it and pay up or that the communication becomes more earnest which makes them realise you are serious. It's all evidence for if it goes to court. Kind of polite, official and then legal.

Also, in your communications, start mentioning the late payment of commercial debts. You can charge up to 8% on late payments (I think so check). Often as soon as you start mentioning laws like this the agent tends to realise you are serious and things can change in your favour.
Section 8 in this link tells you about it
https://www.citizensadvice.org.uk/Gl...sses-pdf-2.pdf

How much are we talking about?

[fre92]

What degree of late are we talking about...

What date (A) did you submit the invoice?
What are your agreed payment terms?

How many days/weeks have you continued working for beyond date A?
Have you submitted any further invoices?

It is about 4 month for now.

As I said above, they messed up since of first payment. So they paid a couple of invoices with delay about month and half (after payroll date in contract) and then stopped to pay. Now the contract is over.
As it was stated in coupe of other topics on this forum, Next Ventures is probably the worst agency in relations to contractors. So they are talking about one terms then send you contract with different, change start date even without notfiyng contractor so you can face a closed door, etc.
But this thread is not for claiming them for their bad behaviour, I could leave with it while they pay.
So I would prefer to give answers to the questions that are a little bit elaborated how them really matter.

And erm, how much are we talking about?

Say, around 10K euros.
May be for UK it's a trifle but for poor french it worth to take a lawyer.

Check with client to see if they've paid the agency.

You are second on that. Sorry for indelicacy, how does it really matter? I did my part of contract and my job, the client has signed a timesheet with no any claim. I have no contract with client, only with agency, why should the client report to me about his payments?

Get a solicitor

Thanks! Could you suggest one (or where to look for)?

[WTFH]

You are second on that. Sorry for indelicacy, how does it really matter? I did my part of contract and my job, the client has signed a timesheet with no any claim. I have no contract with client, only with agency, why should the client report to me about his payments?

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.
We don't have the details of your contract, so we would ask the general questions.

So:
1. What date was your last timesheet signed & submitted?
2. What date did you submit your last invoice?
3. What does your contract say about payment terms?

As for solicitors in the UK, the one I used when I had an issue with an agent cost over £10,000. So it's well worth going through checks yourself before engaging a solicitor.

[northernladuk]

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.
We don't have the details of your contract, so we would ask the general questions.

Exactly this. If you are going to have a payment dispute you really need to read your contract and make sure you are aware of every clause related to it first.

[fre92]

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.

Most?
Well, I was not aware of that. At least, for 10 years never see such term. Certainly not in my contract; may be for 6 digits or more it is usual but I am not such a big fish.

1. What date was your last timesheet signed & submitted?
2. What date did you submit your last invoice?
3. What does your contract say about payment terms?

As for solicitors in the UK, the one I used when I had an issue with an agent cost over £10,000. So it's well worth going through checks yourself before engaging a solicitor.

1. Last day of month.
2. Last day of month.
3. "Subject to Clauses 4(a) and (b), N-V shall pay all undisputed invoices by the 20 th of the month following the month in which the invoiced Services were provided."
Clauses 4(a) and (b) just say about how and when submit timesheet, invoice, etc. Nothing similar to "the agent will only pay after they have received payment"