My old client won't pay me!

[escapeUK]

I suppose they feel that the two weeks was getting upto speed time and they will have to pay someone else the same, I can see their point tbh.

I also think the point where you say "I cant afford to leave" should have actually stopped you from leaving. I cant think of a situation where someone needs two full time carers, or how you not having enough money to pay for a roof over your son's head is going to help the situation with his health.

In retrospect, maybe you should have negotiated in person with your "boss" and tried to reduce the number of days on site per week, do some working from home etc . I think getting the pimp to tell them was a mistake too.

Kiss that money goodbye.

[NotAllThere]

I cant think of a situation where someone needs two full time carers,

I can. Several in fact.

If I'd been your hiring manager, and had verification of your tale of woe, I would have no problem authorising the payment. I can only assume that either a) he's a total smeghead or b) he doesn't believe the story.

I'd go for b).

You need to talk to him. Unless he is the aforementioned smeghead, then chances are he'll do the decent thing. Most people do, in the end. ( I've first hand experience of some extraordinarily altruistic behaviour on the part of some very large companies, over individual "sob" stories. ).

In the meantime, there's lots you can do before spending anything on legal advice. Check all your insurances, and services provided by any organisations that you're a member of. Invoice the agency (as you are almost certainly legally opted in), and commence dunning procedures, up to and including, if necessary, court proceedings. Depending on the amount of debt, it could be dealt with through the small claims court, then you won't need a lawyer.

Tell the agency that you are opted in, and that you require payment from them. Their lack of payment from the client is utterly irrelevant.

If all else fails, you could contact the Guardian (or some other bigco hater) and ask if they're interested in a story about a businessman with a dangerously ill son, being screwed over for a few thousand quid, by an evil corporation... you might get some of the $2'000'000'000

[centurian]

Looking at it from a brutal point of view, your son's illness (hope he's feeling better btw) is not their problem. If they can argue that your breach of contract has caused them "damage", then they have a good case legally - however morally deplorable that may be.


That said, I wouldn't give up hope. Explain that the situation is a genuine one and that you feel you have done the work and should be paid for it - and that any "damage" is not justified. Maybe offer to do some handover work to minimise their damage - whether you do it or not isn't the point - you've made the offer.

Also explain that any legal action on your part would become public record. Essentially, what you need to do is trigger the thought somewhere along the chain of managers that paying you is a far better option than the whole sorry story somehow going public and costing them considerably more to their already damaged reputation.

[TheFaQQer]

I have once.

Me too - that's why I believe that they are rare.

Unfortunately the OP probably is going to have to pay a solicitor to tell the agency you are opt-in and to pay up. If the OP is broke this doesn't help them.

Small claims court costs buttons.

[Wanderer]

Invoice the agency (as you are almost certainly legally opted in), and commence dunning procedures, up to and including, if necessary, court proceedings. Depending on the amount of debt, it could be dealt with through the small claims court, then you won't need a lawyer.

Tell the agency that you are opted in, and that you require payment from them. Their lack of payment from the client is utterly irrelevant

Absolutely 100% agree with NotAllThere.

Presuming you were paid on an hourly/daily rate rather than a contract to provide a particular product at a fixed price, you have a pretty strong case. Go ahead and invoice them. Don't worry about the lack of a signed timesheet for now, it's vital that you get the invoice sent off so a debt exists and your LTD can then take action to chase that debt. They will try and bluff you into thinking that they owe you nothing and you can't raise an invoice. Raising an invoice will up the ante enormously and they will know this.

Ignore any nonsense from them asking you to prove that you had a good reason to default on the contract. Tell them you will produce this in court if necessary, but you are not going to get into detail with them.

If they can argue that your breach of contract has caused them "damage"

That's a good point, but as centurian goes on to point out, don't forget that agency can not penalise you for an arbitary amount for breach of contract (co-incidentally the exact same amount that they owe you), they can only recover actual damages caused and they have to justify this. If you take them to court, they will be forced to justify it in court too. Them saying "we won't pay you" isn't a fair calculation of the damages (if any actually exist). Remember that the case will be between your company and theirs (not you personally). Just make sure your company has paid out any retained cash before you go to court so if they case goes against you then they are trying to get blood out of a stone because your LTD company will have none (and they will know this too).

Small claims court costs buttons

Exactly, and the threat of legal action against them will probably make them roll over and pay you what they owe. An agency or consultancy doesn't want a judgement against them for failing to pay a contractor.

Good luck and I hope your boy is OK.