Having Problem with Agency.

[Ram]

Hi,

Have been working(contract) via an Agency placed in an IT solutions company for 7 months now.

The Agency has been a nightmare in all respects, non-payments(Delayed), no response and others. The IT company has been gr8t and simply enjoy working here.

Recently the agency was taken over by another company, which has resulted in a big confusion all over. The Agency has not paid me for the past 3 months. Have been chasing them patiently for a month now. They had promised to clear all payments to be made last Friday. But, again ended up not being payed.

Was forced to discuss with the IT company . And finally I hear some responses from the Agency now, since the client is involved. They(agency) end up asking me -what my problem has been ?, after getting ALL the false assurances for so long.

Even my recent contract has not been counter-signed by them, inspite of repeated reminders with almost 2/3rd of the contract period finished now.

So I have been ignored compeltey, treated badly, no-payments and more.
Such a shame on the agency, even when they earn a 25% commission from me on a day-to-day basis.


I have a clause in the contract that -- should not work with the client for 12 months afetr termination of the work.

My questions is:
-since have been treated so badly and others, can I work directly with the client
Keeping the agency out of this. ?

- If challeneged leagally by the Agency, because of their incompetant service I have received from them, can I win over them ?


Please give your advise on this.


Thanks

[JoJoGabor]

Phone the agency today, say you will not be turning up onsite as of Monday and until you have been paid in full and have a signed contract. They'll soon get the harris in gear, assuming they have the money to pay you. if they dont, you need to cut your losses and start legal proceedings.

Do you have membership of a professional org such as PCG to get legal advice?

[TheFaQQer]

I have a clause in the contract that -- should not work with the client for 12 months afetr termination of the work.

My questions is:
-since have been treated so badly and others, can I work directly with the client
Keeping the agency out of this. ?

Not just because of the way that you have been treated, no. However, if the case went to court, then there is a high chance that the clause would be struck out as unreasonable.

- If challeneged leagally by the Agency, because of their incompetant service I have received from them, can I win over them ?

As above.

Also - did you opt out, in writing, before being introduced to the client? If not, then the agency regulations mean that you can go direct to the client after (I think) 8 weeks from the end or 14 weeks from the start of the contract (you'd have to check that if it's relevant).

However, the more relevant contract would be the one between client and agency, which probably has a much more enforceable clause which prevents the client from engaging you directly.

Also, check out www.payontime.co.uk for how to chase the debts.

[perplexed]

"Even my recent contract has not been counter-signed by them, inspite of repeated reminders with almost 2/3rd of the contract period finished now."

Did you not kinda spot a problem with this, hmm?

Are you telling us you're working on site without a contract signed off by the agency?

[Wanderer]

The Agency has been a nightmare in all respects, non-payments(Delayed), no response and others.

Send them a bill for interest and penalties on the late invoices. They will think twice about messing you around again.

Even my recent contract has not been counter-signed by them, inspite of repeated reminders with almost 2/3rd of the contract period finished now.

It's one of those stupid agency tricks they like to pull on you but it doesn't really matter, as long as you have started work it's a binding contract.

Such a shame on the agency, even when they earn a 25% commission from me on a day-to-day basis.

That's great! Call them up and tell them you are getting a pay rise - out of their margin. If they won't play ball then tell the client you want a pay rise out of their margin and see if they will beat the agency up for you.

I have a clause in the contract that -- should not work with the client for 12 months afetr termination of the work.

Did you sign the Opt Out agreement they sent you? If you didn't sign your rights away or you did it after you were introduced to the client then the opt out may not be valid and the restraint of trade in the contract is not enforceable against you or the client.

[Warren]

Phone the agency today, say you will not be turning up onsite as of Monday and until you have been paid in full and have a signed contract. They'll soon get the harris in gear, assuming they have the money to pay you. if they dont, you need to cut your losses and start legal proceedings.

Do you have membership of a professional org such as PCG to get legal advice?

That's the way to it. Ring the agency tell them you're not going to work until all invoices are paid. I'd also speak to the client and tell them you won't be in on Monday unless the agency pays you for the last 3 months. I'm sure by the end of the day it'll be sorted, in the meantime start looking for another contract.

[psychocandy]

Must admit I wouldnt be still on site if they were 3 months late. Not turning up might focus their attention somewhat as someone said.

Name and shame?

[BrilloPad]

What does your contract say about late payment?

Personally I never have more than one invoice outstanding.

[tractor]

..

What does your contract say about late payment?

Personally I never have more than one invoice outstanding.

Exactly!

[strawberrysmoothie]

No matter how much I like a client, If I hadn't been paid - I wouldn't show up on monday.

If you haven't been paid you should start legal proceedings to get your money back or if you are a member of PCG depending on the membership you have you can use the services of a debt collection agency to represent you.

Additionally when dealing with an agancy, see if you can do a credit check on the agency to make sure they are not a bunch a wide boys.