Securing your contract work (when being asked what you want)

[TheFaQQer]

I'm only going to pick one thing out of your last post, as this is the important one.

Am confused here. I opted-out after being introduced to the client. You are saying that is not valid and hence can indicate that I am legally opted-in? Would help ensure the agency complies. If you opted-in do they have to pay within a specific time frame?

In order to opt out of the agency regulations, you must do so in writing before being introduced to the client. If you opt out after that point, then it makes no difference - you can't. Agencies do not understand this point, so if you tell them this, they will tell you that you are wrong. Agencies will tell you that you can opt out before you start work - this is because they don't understand grammar and how the regulations are worded. Their "legal department" will tell you this as well. They are all wrong.

If you are not opted out, then the agency must pay you for the work that you did - whether they receive payment or not, whether the client is happy with your work or not. This is one reason that agencies do not like you to be inside the regulations. Also, if you are not opted out, then you can submit your invoice at any stage after the work is complete, and they have to pay you.

From here, you need to do three things.

1 - attempt to convince the agency that you are not opted out of the regulations. This will probably fail - they don't understand them anyway, and will argue that you opted out. They will need to prove that this is the case - if what you say is true, then they cannot do that.

2 - when you fail to convince them that you are protected by the regulations, you need to start chasing them for the bad debt. Look at www.payontime.co.uk for advice and follow it. There are some solicitors who will send a debt chasing letter for you for £5 or so - once you start the bad debt proceedings, pay them the money to chase the payment.

3 - when this fails, file a claim in the small claims court to recover the money owed to you.

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FWIW, I don't like the way that you have gone about this. However, the client and the agency have behaved more unreasonably than you have in this instance.

Luckily, your lack of knowledge about opting out of the regulations, coupled with the general ignorance of the agency, should work in your favour and help you recover what you are owed. As much as I object to your lack of professionalism in handling the situation, legally you are in the right and deserve to be paid for it.

I suggest that once this is all over, you consider whether contracting is right for you, and take a long look at how this whole mess could have been better handled (by you, by the agency and by the client).

[shanti]

I know this is a drag... but below needs a reply:
I know I am in deep poo-poo here, but the consultancy will need my assistance and I want to provide it - but I do need some kind of agreement that the agency will eventually pay up - or someone will take responsibility to ensure I get paid the full amount in a reasonable amount of time.

Actually, think this may get sorted out. Just need an assurance from the agency they will pay their for invoices later than 2 months. Working on wording.

[DiscoStu]

I'm not surprised they're trying to avoid paying you, you sound like a complete muppet.

HTH

[shanti]

FWIW, I don't like the way that you have gone about this. However, the client and the agency have behaved more unreasonably than you have in this instance.

Luckily, your lack of knowledge about opting out of the regulations, coupled with the general ignorance of the agency, should work in your favour and help you recover what you are owed. As much as I object to your lack of professionalism in handling the situation, legally you are in the right and deserve to be paid for it.

I suggest that once this is all over, you consider whether contracting is right for you, and take a long look at how this whole mess could have been better handled (by you, by the agency and by the client).

Really appreciate the insights. Thank you. I think I should have the assurance that the agency will pay today with a due date for payment, thus hopefully will be sorted. Will use the above advice if they don't.

[NotAllThere]

...

FWIW, I don't like the way that you have gone about this. However, the client and the agency have behaved more unreasonably than you have in this instance.
...

Which took some doing.

[TykeMerc]

Originally Posted by TheFaQQer
...

FWIW, I don't like the way that you have gone about this. However, the client and the agency have behaved more unreasonably than you have in this instance.
...

Which took some doing.

To be honest I don't believe a word of this tale as it's too absurd to be anything other than a troll.

Making the rediculous assumption that this is for real then frankly the guy doesn't deserve to be paid due to his utter muppetry, horrifically unprofessional attitude and attempt to blackmail the client. If he gets paid due to a technicality then frankly he's been ludicrously lucky. If I was his client I wouldn't pay a penny without a Judges order to do so.

It's people like Shanti that give all contractors a lousy name by association.

[Clippy]

To be honest I don't believe a word of this tale as it's too absurd to be anything other than a troll.

Making the rediculous assumption that this is for real then frankly the guy doesn't deserve to be paid due to his utter muppetry, horrifically unprofessional attitude and attempt to blackmail the client. If he gets paid due to a technicality then frankly he's been ludicrously lucky. If I was his client I wouldn't pay a penny without a Judges order to do so.

It's people like Shanti that give all contractors a lousy name by association.

VERY well said.

[Ardesco]

To be honest I don't believe a word of this tale as it's too absurd to be anything other than a troll.

Making the rediculous assumption that this is for real then frankly the guy doesn't deserve to be paid due to his utter muppetry, horrifically unprofessional attitude and attempt to blackmail the client. If he gets paid due to a technicality then frankly he's been ludicrously lucky. If I was his client I wouldn't pay a penny without a Judges order to do so.

It's people like Shanti that give all contractors a lousy name by association.

+1

[Flubster]

To be honest I don't believe a word of this tale as it's too absurd to be anything other than a troll.

Making the rediculous assumption that this is for real then frankly the guy doesn't deserve to be paid due to his utter muppetry, horrifically unprofessional attitude and attempt to blackmail the client. If he gets paid due to a technicality then frankly he's been ludicrously lucky. If I was his client I wouldn't pay a penny without a Judges order to do so.

It's people like Shanti that give all contractors a lousy name by association.

I said this earlier on (http://forums.contractoruk.com/1004423-post25.html) but FAQ told me off for being to harsh. I now feel vindicated. the guy is a total @rse (if he isn't a troll).

[northernladuk]

To be honest I don't believe a word of this tale as it's too absurd to be anything other than a troll.

Making the rediculous assumption that this is for real then frankly the guy doesn't deserve to be paid due to his utter muppetry, horrifically unprofessional attitude and attempt to blackmail the client. If he gets paid due to a technicality then frankly he's been ludicrously lucky. If I was his client I wouldn't pay a penny without a Judges order to do so.

It's people like Shanti that give all contractors a lousy name by association.

Amen to that

Oh and ridiculous... Sorry always wanted to do that