Debt Recovery

[mikeyboy]

Being a relatively new contractor I guess I was a little naive. In future I will run a credit check on any agencies that offer me work.
The client was actually the real stumbling block otherwise I would have gone direct after the last debacle in July. But for some reason they wanted to stay with Polaris. In-fact, even though they are now paying me direct, they are still paying Polaris a 60€ per day commission! Go figure?!?
These tw4ts are clearly in breach of contract, so why continue paying their fee?

[mikeyboy]

Sent them a Statutory Demand. We'll see how that goes....

[VectraMan]

I'm current using Lovetts. They'll send a demand letter for free:

http://www.lovetts.co.uk/accelerate/default.aspx

[Not So Wise]

Thanks for the advice.

October's invoice was sent direct to client and should be paid next week. So it's just the outstanding £10k I am worried about. They have 7 other contractors through these jokers, all in the same situation. Client is no longer paying invoices from Polaris until the situation is resolved.

Then best not tell the client that they might still be liable to the agency (or liquidators) for any money they pay you direct, aka might end up paying twice

That agency is not paying you does not get client out of paying agency

[mikeyboy]

Let them sort that out between them. I got bills to pay.

[mikeyboy]

Update: Polaris Ltd went into insolvency on Friday. August and September's invoices are still unpaid and I guess will remain so forever. Their contracts have been bought by another Agency "24SG Armada" who don't even have a website! Though their Director has a page on Linked In which shows him working as Director of a number of Agencies over the past few years. Some for short periods of time.
So this schiester has e-mailed me saying that he wants October's Timesheet so he can pay me. They are not going to honour any invoices pre-October. Well, you know what. Thanks but no thanks. I'm being paid direct by the Client and I like it that way. Go feck yourself. And I advise any of Polaris' other contractors to avoid these bottom-feeders like the plague.
Client's contract was with Polaris, so in my mind it ended when they went into Insolvency.

Let this be a lesson to all. If an invoice is so much as a few days late, start shouting!

[mikeyboy]

Found their website. Looks dodgy to me...
247-group

[TheFaQQer]

Hmmmm - IANAL but I would expect that the client paying you direct could have consequences for both client and yourself. Essentially, it's theft from the agency and the receiver may have something to say about it, I guess.

Also, if you are a member of the PCG, they have agency bankruptcy coverage depending on your membership level - yet another reason to join.

[mikeyboy]

Polaris signed an agreement with the Client when they were struggling. It states the client will pay me direct and send them their margin separately. And that's the way I hope it remains.

[PAH]

Hope things work out ok, though I can imagine it's not a good feeling knowing you've worked for a period of time and got little chance of getting paid for it.

I suppose it's a risk that many of us will face over the coming months (years? ), with other agencies going under due to the downturn, taking some of our money with them.

In your shoes I'd do similar, withold timesheets until any outstanding debt was paid, regardless of the small print and perceived consequences. If the worst happens and they follow up any threats of court action, close the company and start again! That's what a lot of these shysters seem to do, and get away with.

Get yourself an "FOAD" rubber stamp for any letters you receive that you're tempted to just bin. Works wonders for the stress when you send them back knowing someone's going to get wound up.