Recourse to claim payment

[northernladuk]

Fair point and I should know the basics, although contracts differ from client to client you’d need legal review to interpret it properly is there a service for this? Id usually put it through qdos but that’s only ir35 aspect

I was quick to accept this one, as many will know hard enough to get any contract at the moment for some

Being quick is no excuse, doesn't take long to read the contract and understand it. Most of the clauses are very similar so a decent level of knowledge will let you understand the payment schedules, spot the no pay if client doesn't pay, an unfettered ROS, etc. The contracts can change but they all protect the agents in much the same way. If you think all contracts are different I would say you don't understand them well enough to see past the words and understand what they are trying to do.

Interesting comment about QDOS check. You know you don't need that now if you get a proper SDS. You know how those work right?

[Snooky]

If that's the case then it's too late, you've been introduced and you are in

Being "in" is what you want here - it means the terms of the Act apply to the contract, so an agency can't use non-payment by the client as a valid reason to withhold payment.

[ladymuck]

As others have mentioned, you need proof that the work was done. Either that's a signed time sheet or some other acknowledgement from someone at the client, with appropriate authority.

As long as your contract with the agency doesn't have a 'paid when paid' clause, then they are on the hook to pay you if you can provide the evidence the work was done.

Ask a solicitor how much they will charge you to issue a letter before action (or letter before claim as they're also called). Sometimes, that's enough to remind an agency of its responsibilities. Depending on the amount owed to you, this might be a worth while investment.

[Lance]

Fair point and I should know the basics, although contracts differ from client to client you’d need legal review to interpret it properly is there a service for this? Id usually put it through qdos but that’s only ir35 aspect

I was quick to accept this one, as many will know hard enough to get any contract at the moment for some

regardless in this situation they have basically intentionally removed the paper trail although is a first in 10 or more years of freelancing and contracting

do you have evidence of this? If so then you have them for fraud as well. That is a criminal matter and I would not hesitate to involve the police.

[SussexSeagull]

There is an argument that they have verbally acknowledged the work has been done but to get to the stage where they have to say that under oath might not be worth the effort.

[Lance]

There is an argument that they have verbally acknowledged the work has been done but to get to the stage where they have to say that under oath might not be worth the effort.

This doesn't happen in a civil court. Except on TV.
And if you have a dispute a dispute about evidence, or lack thereof, then it is a whole different matter and well beyond a simple claim of missing payments.

Hence why, if they've removed evidence, or otherwise altered paperwork to gain a financial advantage, it's a police matter.

IANAL.....

[JustKeepSwimming]

This doesn't happen in a civil court. Except on TV.
And if you have a dispute a dispute about evidence, or lack thereof, then it is a whole different matter and well beyond a simple claim of missing payments.

Hence why, if they've removed evidence, or otherwise altered paperwork to gain a financial advantage, it's a police matter.

IANAL.....

It does happen, it's now called a statement of truth (E&W).

OP has a strong case, depending on the sums involved, if it's less than £10k I wouldn't even think twice.

[Lance]

It does happen, it's now called a statement of truth (E&W).

OP has a strong case, depending on the sums involved, if it's less than £10k I wouldn't even think twice.

not without evidence.....

anyway. The OP needs to hear about dunning, which for some reason has yet to be mentioned.
Dunning (process) - Wikipedia

Until that has been done it's ridiculous to take it any further. It would, in fact, likely be considered vexatious not go to court having not attempted to resolve amicably.
If the OP does have a case, then it will get paid before going to court as the agency won't want to waste time/money losing a case.

[JustKeepSwimming]

not without evidence.....

anyway. The OP needs to hear about dunning, which for some reason has yet to be mentioned.
Dunning (process) - Wikipedia

Until that has been done it's ridiculous to take it any further. It would, in fact, likely be considered vexatious not go to court having not attempted to resolve amicably.
If the OP does have a case, then it will get paid before going to court as the agency won't want to waste time/money losing a case.

Dunning isn't a legal process, it's at most a best practice for collecting debts by filtering out those who forgot or can't pay and those who are wilfully refusing to pay. It actually saves the creditor money by only suing the latter.

An LBA is best practice but not a legal requirement and a claim can not be struck out for a lack of one. The CPR is annoyingly comprehensive and the court has next to no latitude to deviate.

Provided what OP has said is broadly true then it is not vexatious, scurrilous or obviously ill-founded, so can not be struck out on those grounds.

It's absolutely shocking that so many people think a client can just refuse to sign a timesheet at the end of the month and get out of paying. It is a breach of contract. All contracts have an implied term of good faith. Refusing to sign an accurate timesheet in order to prevent payment is bad faith.

First month was approved and paid. Communication between the OP and agent shows no issues with performance or accuracy of the month 2 timesheet. If it includes any commentary from the agent as to why the client has refused even better.

The evidence is more than enough to put the ball in the client's court. To show why they didn't approve. After all, if the timesheet is inaccurate then they would have correspondence 'OP, why haven't you been in at all this month?' or evidence that shows OP did not perform at the contractual standard.

Most importantly, really. It would cost OP 800ish for a £10k claim, and you can claim it as an expense.

The biggest risk is in how much financial trouble they are in, a claim unless settled is looking at about 18 months.

[Lance]

Dunning isn't a legal process, it's at most a best practice for collecting debts by filtering out those who forgot or can't pay and those who are wilfully refusing to pay. It actually saves the creditor money by only suing the latter.


<snip the noise>

don't be ridiculous.
You seem to suggest that if you think someone deliberately doesn't pay the first step is a sueball. It's not.

IANAL but you clearly aren't either.

and this is not helpful for the OP who needs to get paperwork and evidence ready, then send the dunning letters. The agency will likely pay if he has a claim but only after many many months. The process also gives the agency the opportunity to explain, with evidence, why think they don't owe the money. The exchanges in this process form part of the evidence pack for a court if it ever does get there so it can't just be ignored.