pay delay

[Budgie]

Hi, I need some guidance please.

I am Ltd Co, VAT registered, FSB member. I'm 5 weeks into a new contract; Client fine, Agency awful.

Agency contract which I signed has not been returned to me - I have no copy. Agency has not paid me. They use pay delay tactics like demanding my bank details (again - for the 3rd time) which they've had for 5 weeks. Their system generated invoices are illegal (because VAT rate and my reg address missing). Client aware of situation, but not involved yet.

I realise I've not handled this well. What should I have done? Do I walk (no pay = no work)? Agency condition is 2 weeks notice. Do I involve the client? If I got paid that would be all I want (just wouldn't use that Agency again). How can I achieve this?

I am mech eng, designing machinery. If I'm on the wrong site - apologies and tell me where to go(!) - politely, of course.

Budgie
( - always succeeds)

[Barriebazg]

I would do a check on the agency and see if they are in any financial trouble. Lots of sites out there that do it like www.duport.co.uk then definitely involve your client and tell them you are not being paid and down tools until you do get paid. The client should then kick them up the @ss.

[Bluebird]

Try these.....

http://www.journalism.co.uk/features/story1656.shtml

http://www.contractoruk.com/news/002880.html

[DS23]

assuming that your timesheet(s) and invoice(s) have been processed in accordance with the agency procedures and assuming that the deadline for payment from the agency to you has passed... down tools now (email & letter all and sundry with reasons why).

if that does not force an immediate payment you are bloody well out of it!

while your tools are down get that financial check done on the agency and start looking for another gig.

fingers crossed it is just admin incompetence.

[oraclesmith]

I don't understand the mention of invoices. Why would you see their invoices ? You're supposed to invoice them according to your contract and they invoice the client according to their contract with the client.

[Budgie]

Thanks for info.

Time sheets are to Agency specs - it is their own computerised system. My invoices are my own however, because theirs are illegal. They claim that they will pay if I fill in another form with my bank details. But they already have my bank details - the recruiter even quoted the data to me over the phone!! Since this cropped up 3 weeks into the contract this is an excuse.

Know you are right about walking away but a bit scary to threaten this. The Client will be pissed and I will probably see no pay at all - breaking the contract. Oh well, here goes.

Seems hoaxers don't just trawl false jobs. Wish I'd seen your site before I took the contract.

Budgie
( - always succeeds)

[oraclesmith]

If you are on good terms with the client, get them to put pressure on the agency. They have more power in that they pay the agency to the contract.

Also, if you have not opted out of the agency regs, you are in a good legal position.

[Budgie]

Oraclesmith

By "their invoices" I mean the invoices their computerised system generates for my Co from the approved (again on their site) time sheets.

No, I do not like them generating my Co invoices because it means invoices that are meant to come from my Co, under my control, are actually prepared by the Agency on their computers and under their control.

I do not mean the invoices the Agency generates for itself to send to the client.

Budgie
( - always succeeds)

[interested]

Oraclesmith

By "their invoices" I mean the invoices their computerised system generates for my Co from the approved (again on their site) time sheets.

No, I do not like them generating my Co invoices because it means invoices that are meant to come from my Co, under my control, are actually prepared by the Agency on their computers and under their control.

I do not mean the invoices the Agency generates for itself to send to the client.

Budgie
( - always succeeds)

Tons of companies use self-billing - not just in the world of contractors either. Get used to it

[Ardesco]

When you invoice just create your own invoice as well with all relevant details and post it to them.

That way if it isn't paid within 30 days you can charge them interest.

Threatening to down tools if it isn't sorted out and actually downing tools is not the same thing (Although you should be willing to down tools, if they are never going to pay you you are wasting your life away for nothing).

The client will be more pissed at them than he will at you, nobody expects you to work for free.