Agency Withholding Payment

[NickFitz]

Shows that I can I press a delete button quicker than you can press a Save button

Typical agent: "No, I never made you an offer, there's no contract between us"

[rtgibson]

Well guys - thanks again for all the responses.

Somebody asked a few posts back did I just walk off site from the contract or did I communicate all of my worries to my employer...... I did in fact stay the full duration of the contract and finished the job since it was the final weeks that are being withheld - I made every attempt to communicate my views etc to the agency via telephone/emails/letters but never received any response from them ever again. I also communicated the same views to the end client who was very understanding and supportive of my position - infact they have provided me with documentary evidence ready for use in the court to prove that I did complete the work and that i was onsite for the time specified.

Now what your all probably waiting for is to find out what happened in court the other day..... well....

He was a 'no show' - yep didn't even bother to turn up, this wasn't a hearing for the case as such it was just a hearing to decide if he could have the 'judgement' suspended. So the judge threw his application out, my judgement and warrant still stands. Now lets see what the bailiffs can get...... if anything.

Thanks

[poopscoop]

I began to jump to a wrong conclusion before readin your thread, I have deleted my response

The agency has no right to withold payment. If they have an issue they still have to pay you and then sue you. If they are worried that you may disappear then the money can be placed into an escrow account.

Presumably you communicated all your problems to your boss at work and that they supported you on this, or did you just disappear without telling anyone?

The quickest way is to serve them a winding up order

What this guy said.

Is the agent Spring Technology?

How did it turn out? I'm in the exactly the same boat.

[DirtyDog]

Is the agent Spring Technology?

Unlikely:

when I started trying to find out a bit more about them I found that it was basically a one man band from down south operating as a sole trader not even Ltd he was being bank rolled by another chap whos name I only found out by doing a WhoIs on their domain name and the name came back as the same address the agency was registered at

[sgxluk]

Seems to be a trend emerging. ClientCo this end terminated without notice despite a contractual notice period existing - invoiced for it & they're refusing to pay, instead opting to threaten to tell HMRC we're inside IR35. Some agencies just seem to think they're god.

I guess they're all using it to pay their Christmas bonuses eh?

[Old Greg]

Seems to be a trend emerging. ClientCo this end terminated without notice despite a contractual notice period existing - invoiced for it & they're refusing to pay, instead opting to threaten to tell HMRC we're inside IR35. Some agencies just seem to think they're god.

I guess they're all using it to pay their Christmas bonuses eh?

Have they put in writing (or can you get a recording) that you must withdraw your invoice or they will inform on you to HMRC? If so I would get legal advice as to whether that constitutes blackmail and report the to the police.

[northernladuk]

Seems to be a trend emerging. ClientCo this end terminated without notice despite a contractual notice period existing - invoiced for it & they're refusing to pay, instead opting to threaten to tell HMRC we're inside IR35. Some agencies just seem to think they're god.

I guess they're all using it to pay their Christmas bonuses eh?

What did you invoice for? The notice period you didn't work? And aren't you mixing up clients and agents in that paragraph. I can't tell who your beef is with.

[sgxluk]

Sorry NLUK - The agent is the one who the beef is with. The client is just a numpty. Agent not much better.

Greg...Yup, thats been put in writing. We couldn't believe it either!!

[northernladuk]

Sorry NLUK - The agent is the one who the beef is with. The client is just a numpty. Agent not much better.

Greg...Yup, thats been put in writing. We couldn't believe it either!!

And what did you invoice for? Notice period you didn't work or just the time you worked?

[sgxluk]

Notice period...hit & miss with some agents but usually middle ground to be reached. It was a rare one in that their contract was signed instead of making them sign the standard one from this end.

Lesson here: Make them sign our own contract which provides for a hefty cancellation fee. Thats business!

Getting to the stage now where those who don't will get turned away as they're more stress/hassle than they're worth & the projects are usually bobbins!