Problems - IT Recruitment Solutions / Contract Rec Solutions / RECSOL / Altrincham

[configman]

It all depends on what has happened to the money. If they go bust then try to hide behind limited liability they can be investigated for wrongful/fraudulent trading if they've improperly disposed of money that should have gone to creditors.

Very true but you forgot to add preference - this can be the company paying shareholders/directors in preference to to companies liabilities - all three can make a director personally responsible for company debt but this can only be after liquidation not before. The official receiver generally will not go for wrongful/fraudulent trading/ or preference - you will have to persuade them to take this action. Telling a director of your intentions to use this method and that a prison sentence of 6 months for each offence is normally enough to get your money. It is normal for a High Court Judge to give 2 adjournments to give the company a chance - and at the third either you get payment or they are liquidated.

[NotAllThere]

Thanks for the feedback and suggestions so far. 14 days expired since the solicitors letter today, absolutely no acknowledgement at all. Will be taking the next legal steps and trying to get directors personally liable, and certainly will be continuing a very vocal campaign against the group of companies.

Here's to a better 2011!

Along side this, you should have a dunning procedure. A formal letter reminding the agency of the overdue invoice, requesting payment with seven days, and offering to discuss if there are difficulties. Impose an admin fee for each invoice and start charging interest.

Then another letter, seven days later, requesting immediate payment, and offering to discuss if there are difficulties. Then a final demand, immediate payment, no other offers. If payment not received within 3 working days of this demand, legal action WILL be taken. All letters to be sent to the directors' home addresses as well as the agency office.

Then start legal action.

It's all detailed in Pay on Time.

The point of the dunning process is that it shows you've been reasonable, and that makes the judge much more likely to find in your favour if the agency start muddying the water, with counter claims of substandard work etc.

[SueEllen]

I've been threatened with legal action due to this topic, I'd like to ask the administrators here to please liase with me in the event of a takedown notice, I can prove every single aspect of my posts as fact.

I strongly doubt your username is your name, so how can anyone identify who actually has a problem with this agency?

Simply they can't and their legal threats are bluffing. Loads of agencies bluff until you get a lawyer to talk/email them on your side.

Oh and it's odd that the company concerned has money to spend on initiating spurious legal action but can't pay contractors who worked through them

If they were really serious about their reputation they should:
1. Pay you on time
2. Ask the administrator to delete this thread rather then threaten you with court action at it's far more effective and a more reasonable course of action.

It should be noted several large agencies plus other smaller companies like accountancy firms are discussed on here in a negative way and haven't threatened anyone.

If the agency is unhappy with their reputation they can get an account on here and defend themselves like certain others have done i.e. linky

[SueEllen]

.

So let me make things clear, my contract was with Contract Recruitment Solutions (albeit supplied on IT Recruitment Solutions headed paper).

Still holding out hope that Contract Recruitment Solutions settles it's bills soon, it's not a fantastic situation for myself and others, to be placed tens of thousands of pounds in debt due to a company factoring invoices, receiving payment, and then not paying the very people they have earned their money from.

I think it's nice that some people agree with the courts that the vast majority of people are honourable and will try and repay their debts without a nudge from the legal system.

Though the way people in the UK have treated me I tend to believe otherwise.........

[NotAllThere]

Takedown notice... still waiting.

[MarillionFan]

Well good luck. Looks like you will need it.

I think it beggars belief that a company/individual feels that they have a moral indignation to threaten libel action in response to monies that they obviously owe.

Will be interesting to watch how this progresses. If the individual named is building up a bad reputation through ripping contractors off and phoenixing companies then eventually the community will hear of it and through forums like this and networks like linked in then individuals will avoid and companies won't do business with the .

Better they pay up if they want to be a serious business or better we fi d out if theyre rip off merchants.

[cojak]

Very pertinent point, and one my solicitor made as well just now on the phone. There was no worrying advice from them either, therefore so long as it remains my decision, the topic stays. As stated above I'd really appreciate some contact from admin in the event they are approached to remove the post / topic.

Admin has been made aware pojka and I'm sure will be in contact with you should the need arise.

We don't like bullies around here...

[oversteer]

It's not libel if it's true!

[DS23]

....In hindsight I should have ceased work immediately after the first invoice was overdue by a week. I can only put my delayed reaction / extreme patience down to inexperience - this was my first contract.. if nothing else I've learnt a very expensive lesson! ....

a good lesson indeed. very same happened to me. don't let it twist you up - have you got another contract yet?

[SueEllen]

Can you believe the agent had the audacity to attempt negotiation of a finders fee with the client, under the assumption I would go direct.. shocking imho.

I take it you have warned the client about the agency?