Agency from Hell -- need advice

[darrenb]

I had a contract, nice gig in many ways, decent team, fair rate. Unfortunately it was through the agency from hell. I've known a lot of bad ones, but this was the worst.

Long story short, they were consistently dishonest and late with payment. I discovered another contractor had been waiting many months for payment.

Told the client, said it was my problem. Tried to resolve with agent -- only response was to send me a termination notice, which they then claimed was an administrative error but would not withdraw.

Eventually, I withdrew services. I was hoping this would bring a speedy resolution, but instead the client got angry, end of contract. A bad outcome but still better than working for many months for free.

Of course now the agency are saying I was in breach of contract for walking off the job (despite the fact that they essentially drove me out of it), and they don't have to pay me for my last month at all. I do have signed timesheets for all the work. The client was definitely happy with my work at the time.

So now I have to go down the debt recovery process, and am seeking advice. Is there any advantage hiring a collections agency or a legal firm when I could do the whole thing myself through the "fast track process"? I don't want to take the risk of getting a dodgy solicitor that extorts money from me or messes up the case.

And is there any possibility at all a court might entertain their breach of contract excuse?

[simos]

I had a contract, nice gig in many ways, decent team, fair rate. Unfortunately it was through the agency from hell. I've known a lot of bad ones, but this was the worst.

Long story short, they were consistently dishonest and late with payment. I discovered another contractor had been waiting many months for payment.

Told the client, said it was my problem. Tried to resolve with agent -- only response was to send me a termination notice, which they then claimed was an administrative error but would not withdraw.

Eventually, I withdrew services. I was hoping this would bring a speedy resolution, but instead the client got angry, end of contract. A bad outcome but still better than working for many months for free.

Of course now the agency are saying I was in breach of contract for walking off the job (despite the fact that they essentially drove me out of it), and they don't have to pay me for my last month at all. I do have signed timesheets for all the work. The client was definitely happy with my work at the time.

So now I have to go down the debt recovery process, and am seeking advice. Is there any advantage hiring a collections agency or a legal firm when I could do the whole thing myself through the "fast track process"?

And is there any possibility at all a court might entertain their breach of contract excuse?

Name and Shame!!!!!!

[pzz76077]

Non payment is the most common form of breach of contact, so if theyve not paid you, then you have got them there. You have to make clear to them in writing why you are terminating the contract (the fact that they have not paid you).

I would suspect that the agency if they are small are having financial or cash flow issues, so would tread carefully if you dont want to end up an unsecured creditor with nothing. Possibly they are waiting for the end client to pay who is also having issues.



Welcome to the business world.

(Next time negotiate a weekly paid contract!).

PZZ

[Nexxy]

I was in a similar position six months ago. Speed was of the essence in case the agency went bust. I used a collection agency on a no collection no fee basis. Have to say they did a cracking job of persuading the agency to cough up and got me the money within a few weeks, especially as I didn't have signed timesheets! It cost me 5% of the total outstanding, but 95% in my pocket is better than getting 100% of nothing.

[EddieNambulous]

Name and Shame!!!!!!

Might be risky now that he's called them dishonest in a public forum.

[darrenb]

I was in a similar position six months ago. Speed was of the essence in case the agency went bust. I used a collection agency on a no collection no fee basis. Have to say they did a cracking job of persuading the agency to cough up and got me the money within a few weeks, especially as I didn't have signed timesheets! It cost me 5% of the total outstanding, but 95% in my pocket is better than getting 100% of nothing.

So I have to pay 5% of my rate to yet another agency, while the recruiter pays nothing but what they owed me anyway? And goes on to inflict the same torture on countless other contractors?

[BrilloPad]

So I have to pay 5% of my rate to yet another agency, while the recruiter pays nothing but what they owed me anyway? And goes on to inflict the same torture on countless other contractors?

If you want a contractor union and fight for the greater good, join the PCG.

You should be looking after number 1.

[Nexxy]

So I have to pay 5% of my rate to yet another agency, while the recruiter pays nothing but what they owed me anyway? And goes on to inflict the same torture on countless other contractors?

I didn't have signed timesheets so 5% was a bargain.

[RichardCranium]

So I have to pay 5% of my rate to yet another agency, while the recruiter pays nothing but what they owed me anyway? And goes on to inflict the same torture on countless other contractors?

You would be paying 5% for someone else to have the angst and aggro on you behalf while you set about finding another contract.

Alternatively, keep sitting at home with nothing except fora like this to post on. Do you want it fixed or are you happy to just moan about it?

You have a special problem; there is no shame in paying a specialist to fix it while you go back to doing your normal job.

[ace00]

I was in a similar position six months ago. Speed was of the essence in case the agency went bust. I used a collection agency on a no collection no fee basis. Have to say they did a cracking job of persuading the agency to cough up and got me the money within a few weeks, especially as I didn't have signed timesheets! It cost me 5% of the total outstanding, but 95% in my pocket is better than getting 100% of nothing.

WHS - from personal experience go straight for the collections agency it is the least time consuming & most effective approach.