Who owes me the money- Advice needed urgently

**malvolio** · 16 June 2009, 16:00

Who do you send the invoice to? That's who owes you the money.

However if the client doesn't certify the work has been done to their satisfaction, you don't have a lot of options...

**Menelaus** · 16 June 2009, 16:01

Originally posted by BlackenedBiker View Post

Advice needed.

I was undertaking a contract for a business (will remain nameless for now) through an agency (again will remain nameless for now). On a time and materials basis.

Originally I was doing the work in their offices. Everyone was happy and the project was going really well.

However personal circumstance meant that I had to start doing the work from home. We had weekly meetings and I would upload the code to their SVN repository and central DB daily. Again all seemed good.

At the end of my contract period I had to refuse a contract extension because of deteriorating personal circumstances.

I put in my final timesheet and the agent has come back to me and said that the company is refusing to pay because they are not going to use the project and have had to "Start Again"

I need to know where I stand....and who I need to be chasing for the money and what my best course of action would be to do this.

Please HELP!!!!

OK. First things first, calm down.

If the agent were paying you I'd recommend that your contract is with the agent (and you should have paper to back this up).

In the paper it'll likely say "We'll pay you on a timesheet (signed by clientco)".

If clientco are genuinely refusing to sign despite your having done the work under their instructions and on the basis of constant quality then they've got absolutely no right to not sign the timesheet, thus triggering payment to you.

That they don't intend to use your code is a secondary and wholly meaningless consideration; I'd genuinely not spend any time thinking about it, for that way madness lies.

So: to action.

1. Contact clientco direct, asking them to sign the timesheet or give you a good reason why not so that you can take advice from your solicitor about suing both clientco and agent

2. Inform agent of item 1.; amongst other things it'll put the tulips right up them (especially the thought of being sued by both you and potentially clientco)

3. Two things will happen as a consequence of 1. and 2.:

4a. Clientco and agent will dig their heels in
4b. Clientco and agent will realise that its not worth the hassle and capitulate

(4b is the most obviously pleasing outcome for all concerned).

Enjoy.

**DaveB** · 16 June 2009, 16:03

Were you opted in or out of the AGency regs?

I could be wrong but I seem to recall that being opted in means that the agency cannot refuse to pay you simply because you dont have a signed timesheet / the client hasn't paid them.

**uky kozak** · 16 June 2009, 16:06

Could not have put it better myself Menelaus.

(Dont forget to send the bayliffs)

This has all the hallmarks of what happened to the building trade in the last recession whereby the contractors were not payed for their work, even though the company paid the agency...

**dropcliffsnotbombs** · 16 June 2009, 16:07

Was your final timesheet authorised by the client? If you have an authorised timesheet the agency should pay up as the client shouldn't have authorised it if they weren't happy with your work. Its the clients problem if they chose not to use the work you did.

Sorry, I'm no expert on getting extracting money from agencies in these circumstances. I'm sure someone will be along with some advice for you.

Good luck.

**TykeMerc** · 16 June 2009, 16:10

Blackened Biker did they sign the timesheet you said you've put in?

Since they offered an extension do you have evidence of that offer? That evidence would be pretty telling in any legal battle that your work was of an acceptable quality.

The client deciding to not use the project that they've already part paid for is their choice and it doesn't have any relevance to the fact that they contracted you to deliver the code which you state you've delivered.

It sounds like a clear case of them trying to wriggle out of a payment and you've got better than reasonable grounds to pursue the final payment.

The people you should chase are the Agents as it's them that contracted you not the end client. If the Agents get paid or not isn't your concern, it's them that owe you the money according to your contract and especially so if your final timesheet has been signed off by the end client.

**BlackenedBiker** · 16 June 2009, 16:10

Originally posted by dropcliffsnotbombs View Post

Was your final timesheet authorised by the client? If you have an authorised timesheet the agency should pay up as the client shouldn't have authorised it if they weren't happy with your work. Its the clients problem if they chose not to use the work you did.

Sorry, I'm no expert on getting extracting money from agencies in these circumstances. I'm sure someone will be along with some advice for you.

Good luck.

I sent the timesheet to the agent as I have little time at the moment due to personal circumstances. I think that I will call the ClientCo tomorrow and discuss with them.

At the moment the agent is informing me that the clientco is refusing to sign the timesheet.

So what if they refuse to sign???? Is it straight to the courts. And is that worth it (can I go to the small claims court????).

**pzz76077** · 16 June 2009, 17:04

Seems like a standard offer and acceptance transaction under contract law.

The client co via the agency have offered you x pounds for x work and you have accepted.

The contract has now come to a natural end and the final payment is due. Unless client co can prove that the goods or service provided by you are substandard in some way then they are contractually obliged to pay the agency so that the agent can pay you. Using a refusal to sign a time sheet to frustrate payment would never stand up in court on its own.

It sounds to me more like the client co are hacked off that you have not renewed your contract (that you have chosen to do without malice to the client co and for personal reasons) and are not paying for this reason.

Start charging them interest on unpaid fees due as a starter and then advise them that the lack of payment will cost them x pounds extra in legal fees as follow up.

Would also advise you check the financial health of your agency as if they go bust you will have lost all chance of easily recovering your money.

PZZ

**BlackenedBiker** · 17 June 2009, 07:41

I feel that I still need more advice on this issue.

The amount owed is about £1000, so not massive, just very annoying since I went out of my way to help the company in very difficult personal time for my family.

What I need to know is:

1: Should I contact the company directly
2: What is the line that I should give to the agents.
3: Should I involve lawyers in this from the getgo (considering the amount)
4: Can I pursue this though the small claims court independently (without a lawyer to reduce cost)
5: When is the right time to name and shame the ClientCo and Agency (and should I do this)

Who owes me the money- Advice needed urgently