agency haven't paid me due to problems with client

[Wanderer]

Except for the fact that given that your timesheets are signed, Opt In, and Opt out is completely irrelevant

Um, it is relevant because the agency is withholding payment to the contractor because the client hasn't paid them and this is expressly forbidden by the agency conduct regulations section 12(a).

[The Agents View]

Um, it is relevant because the agency is withholding payment to the contractor because the client hasn't paid them and this is expressly forbidden by the agency conduct regulations section 12(a).

That's not the debate here.

The Agency is wrong for withholding payment. Full Stop.

The timesheet is signed. If it wasn't, then being opted in comes into its own. Given that it IS signed, they are in breach of contract.

If you're stupid enough to sign a B2B contract that says that you as the end supplier only get paid when the middleman gets paid, then frankly, opted in, out or shaking it all about isn't going to do you any good.

[Wanderer]

If you're stupid enough to sign a B2B contract that says that you as the end supplier only get paid when the middleman gets paid, then frankly, opted in, out or shaking it all about isn't going to do you any good.

The fact is that in the absence of an opt out, agencies are bound by the agency conduct regulations section 12(a) which expressly forbids them from doing this.

I understand that you and your agency are fully compliant with the regulations but we are all well aware that some unscrupulous agencies see themselves as above the law and attempt to bully contractors into thinking that they don't have these legal rights.

As I've said before - I don't stand for nonsense like this so don't go suggesting that such a contract term is enforceable or relevant when it quite clearly isn't worth the paper it's written on.

[strawberrysmoothie]

Thanks for the piece of legislation. that has come in very very handy.

[Epiphone]

Good grief. 3 pages and no common sense yet.

Check the contract payment terms. If it says 30/60/whatever days wait that long. If your contract doesn't have payment terms general accepted time is 28 days. If you still haven't been paid use payontime.co.uk and start getting heavy.

Don't listen to any excuses. You've done the work, the client isn't disputing the quality of the work and you've fulfilled your contractual obligation by passing a signed timesheet to the agency.

[strawberrysmoothie]

Guys a quick update for you.

Firstly thanks for all your comments. I really appreciate them so much.

Second, I've spoken to a lawyer about my situation and had chosen to go down a legal route if need be. I had got off the phone with the lawyer chap when I got an email from the agency stating that they could release funds to pay me.

I checked my account today and the funds were there. Really really glad this nonsense is over and I now know how to handle such a situation.

[strawberrysmoothie]

Good grief. 3 pages and no common sense yet.

Check the contract payment terms. If it says 30/60/whatever days wait that long. If your contract doesn't have payment terms general accepted time is 28 days. If you still haven't been paid use payontime.co.uk and start getting heavy.

Don't listen to any excuses. You've done the work, the client isn't disputing the quality of the work and you've fulfilled your contractual obligation by passing a signed timesheet to the agency.

Thanks epiphone, out of all the little gems on this thread this to me stands out. cheers. I won't allow another agency to do this to me because I will lace up my favourite A$$ kicking shoes.

[sbakoola]

Thanks epiphone, out of all the little gems on this thread this to me stands out. cheers. I won't allow another agency to do this to me because I will lace of my favourite A$$ kicking shoes.

Some agencies like to try it on on your last owed amount just after a contract comes to an end. I remember one agency just didn't pay me and went silent and I spotted it 4 weeks after I left the client site, they claimed that the end client hadn't paid them yet (which was a lie as I asked HR at the client site and they had paid me).

Do not stand for it, send legal letters whatever it takes and always CHECK CAREFULLY whether or not the correct payment amounts have been received. Work out a way to get them a bad credit rating if they don't pay up.

[strawberrysmoothie]

Some agencies like to try it on on your last owed amount just after a contract comes to an end. I remember one agency just didn't pay me and went silent and I spotted it 4 weeks after I left the client site, they claimed that the end client hadn't paid them yet (which was a lie as I asked HR at the client site and they had paid me).

Do not stand for it, send legal letters whatever it takes and always CHECK CAREFULLY whether or not the correct payment amounts have been received. Work out a way to get them a bad credit rating if they don't pay up.

thanks. I will never let any of these agency buggers f**k with me in a situation like this. I as soon as payment is late, I will be contacting my solicitor and instructing him to do what he has to get my money back.

Or I might use the services of debt recovery agency.

whatever I choose to do I wont sit back and wait for them to pull their finger from out of their collective a$$' and get round to paying me

[Epiphone]

Thanks epiphone, out of all the little gems on this thread this to me stands out. cheers. I won't allow another agency to do this to me because I will lace up my favourite A$$ kicking shoes.

I helped? I think that's a first...