Late payment - result!

[chris79]

Back in December I started a gig which I left after 1 day because the role was grossly mis-sold to me (some might remember the discussion I made on this).

Anyway I invoiced and heard nothing back. Chased it and was told because I hadn't returned a signed copy of the contract to them before I started they would not pay (irrelevant).

Anyway, followed some guidelines on www.payontime.co.uk and got a result today with them paying up after I threatened debt recovery charges and court action.

Thanks to whoever suggested this website!

[NickNick]

Result!

I've this clause in my new contract that fills me with some level of warmth that the agency should at least pay on time. Well, at least that they are prepared to pay invoice + a very very small amount if they are late.
;O)

The Contractor shall be entitled to charge interest at the rate of 2% per annum above the base lending rate for the time being of Barclays Bank plc on any sums due but not paid, from the date payment became due until the actual date of payment. The parties agree that this represents a substantial remedy in the context of the Late Payment of Commercial Debts (Interest) Act 1998.

[blacjac]

Result!

I've this clause in my new contract that fills me with some level of warmth that the agency should at least pay on time. Well, at least that they are prepared to pay invoice + a very very small amount if they are late.
;O)

The Contractor shall be entitled to charge interest at the rate of 2% per annum above the base lending rate for the time being of Barclays Bank plc on any sums due but not paid, from the date payment became due until the actual date of payment. The parties agree that this represents a substantial remedy in the context of the Late Payment of Commercial Debts (Interest) Act 1998.

I'd see that as a warning that they will pay late.
It seems to me they are trying to fob you off by saying 2% fulfills their obligations under the late payment act, when it doesn't. The late payment act stipulates a standardised base rate (not BoE or Barclays!) + 8%!!
Check out www.payontime.co.uk for more info

[BolshieBastard]

Back in December I started a gig which I left after 1 day because the role was grossly mis-sold to me (some might remember the discussion I made on this).

Anyway I invoiced and heard nothing back. Chased it and was told because I hadn't returned a signed copy of the contract to them before I started they would not pay (irrelevant).

Anyway, followed some guidelines on www.payontime.co.uk and got a result today with them paying up after I threatened debt recovery charges and court action.

Thanks to whoever suggested this website!

Aye well done.

But before we all go ape over this just remember that agents may also start demanding damages from contractors who accept roles then give back word.

Just a thought!

[chris79]

Aye well done.

But before we all go ape over this just remember that agents may also start demanding damages from contractors who accept roles then give back word.

Just a thought!

Contract said 0 days notice within the first week. If it's good for them, it's good for us too. I actually suggested to them if they didn't like the terms of their own contract they should reconsider them for future.

[NotAllThere]

...

Thanks to whoever suggested this website!

Just give me your address so I can invoice you.

[BolshieBastard]

Contract said 0 days notice within the first week. If it's good for them, it's good for us too. I actually suggested to them if they didn't like the terms of their own contract they should reconsider them for future.

Im not disagreeing with that. Im merely pointing out that should a number of contractors be as successful as you, we shouldnt be surprised if we start hearing of agencies taking legal action to recover their 'losses' for when a contractor has indicated they'll accept a contract then change their minds.

Its the way of the world.

[chris79]

Just give me your address so I can invoice you.

Shoulda kept my mouth shut!

[chris79]

Im not disagreeing with that. Im merely pointing out that should a number of contractors be as successful as you, we shouldnt be surprised if we start hearing of agencies taking legal action to recover their 'losses' for when a contractor has indicated they'll accept a contract then change their minds.

Its the way of the world.

To be fair I felt a bit harsh doing it, the agency were not the problem and were actually a good agency to deal with. The problem was with the client re-writing the job spec verbally on the Monday morning which was completely unacceptable to why I was brought in. Now I understand why the interview lasted <5 mins and they were so keen to get me in as I was told the post had been 'vacant' for months previously.

[Liability]

To be fair I felt a bit harsh doing it, the agency were not the problem and were actually a good agency to deal with. The problem was with the client re-writing the job spec verbally on the Monday morning which was completely unacceptable to why I was brought in. Now I understand why the interview lasted <5 mins and they were so keen to get me in as I was told the post had been 'vacant' for months previously.

If this is the case and it was a totally different role - than I am sure many would have done the same. I would have - as that is not on.