Agency Payment Problems

[PhilG]

Hi,

I'm in the 7th month of a 12 month contract, unfortunately for the last 3 to 4 months I've had to chase invoice payment (it's been taking around 4 weeks to payment) and they only seem to pay when I actually ring and ask.

My October invoice has only just been paid and is less than half of what I'm owed, I've spoken to HR at the client and it turns out that the agent hasn't even invoiced for that month!?

My questions are:-
1. Is it possible to get monies owed without going through the agent i.e. just the money they haven't invoiced the client for.

2. Is the large shortfall a breach of contract that I can use to leave them and possibly change to a different agency?

3. Would you recommend I hang on to my next invoice and time sheets (that should be sent now for November hours worked)?

Thanks.

P.S.
I should also add that communications with the agent is all but non-existent i.e. they rarely answer the phone or emails, also I've noticed on the Companies House web site that they have a 'Proposal to strike off' against them.

[perplexed]

Hi,

I'm in the 7th month of a 12 month contract, unfortunately for the last 3 to 4 months I've had to chase invoice payment (it's been taking around 4 weeks to payment) and they only seem to pay when I actually ring and ask.

My October invoice has only just been paid and is less than half of what I'm owed, I've spoken to HR at the client and it turns out that the agent hasn't even invoiced for that month!?

My questions are:-
1. Is it possible to get monies owed without going through the agent i.e. just the money they haven't invoiced the client for.

2. Is the large shortfall a breach of contract that I can use to leave them and possibly change to a different agency?

3. Would you recommend I hang on to my next invoice and time sheets (that should be sent now for November hours worked)?

Thanks.

P.S.
I should also add that communications with the agent is all but non-existent i.e. they rarely answer the phone or emails, also I've noticed on the Companies House web site that they have a 'Proposal to strike off' against them.

1> I was in a similar situation - agency going into liquidation. There was some debate as to the legality of end client paying direct. I just whistled and accepted the cash.

2. We were advised missing payments is not in itself a material breach of contract; prepared to accept that info may have been wrong.

3. I'd personally get them in ASAP.

Then again, reading your PS, I'd get the **** out of the client and run merrily down the online highway to the small claims court to try to get something before the inevitable hits the fan. Sounds like the agency is utterly ****ed, going down the pan, try to get what you can before liquidation. Because afterwards, you'll get sweet FA. And you could conceievably find money you worked for ends up with the liquidator, paying his fees and secured credittors. Which you are not.

[Wanderer]

1. Is it possible to get monies owed without going through the agent i.e. just the money they haven't invoiced the client for.

Not if the company gets struck off it isn't!

2. Is the large shortfall a breach of contract that I can use to leave them and possibly change to a different agency?

Talk to the client about this again and see what they think. Tell them you can't contact the agency and they haven't paid you. The client may be willing to terminate the agency contract and setup with you direct (which would be ideal) or through another agency (more likely to happen)

3. Would you recommend I hang on to my next invoice and time sheets (that should be sent now for November hours worked)?

If you don't submit them then you don't get paid. But then again, if you do submit them then the client will still have to pay the agency and the agency may not pay you.

on the Companies House web site that they have a 'Proposal to strike off' against them.

This may be because they have filed their returns late or something like that or it may be that they are trying to close the company (most likely the former). I'd contact companies house and object to the striking immediately as you are a creditor. You do NOT want them to strike the company or you are going to lose money.

You've got to demonstrate to them that you are not to be messed with. Find the name of the company director and send a letter (recorded delivery) to the registered office stating that the invoices are overdue and demanding that they pay up with Interest and Penalties within 7 days or you will start legal action in the Small Claims Court.

[PhilG]

Hi, thanks for the replies, I've already spoken to the client on this and they have also tried contacting the agency with no joy. The strange thing, is that the agency have not invoiced the client since early October so the client hasn't actually paid anything since then, so although the agency haven't paid me they in turn have not had any money either, does this mean that if the agency go down the pan I still stand a chance of getting my money from the client (as they still have it)?

Regarding my now due invoice, the agency can't invoice the client unless I send the original signed time sheets, so is it not in my interests to hang on to them, I think there would be a good chance of the client dropping the agency if possible so that I can change to their preferred supplier. If this happens will I be able to invoice through the new agent for previous hours that the client hasn't paid for?

Sorry if I sound a bit naive (which I am in this case) but any advice is gratefully received.

[northernladuk]

Regarding my now due invoice, the agency can't invoice the client unless I send the original signed time sheets, so is it not in my interests to hang on to them, I think there would be a good chance of the client dropping the agency if possible so that I can change to their preferred supplier. If this happens will I be able to invoice through the new agent for previous hours that the client hasn't paid for?Sorry if I sound a bit naive (which I am in this case) but any advice is gratefully received.

There is naive and there is lacking a bit of common sense. Think about the flow of money from client to you and the new agent etc, nothing complicated, and see what you work out. Clue... if new agenct hasn't billed client how can you bill agent??...

[Sockpuppet]

Don't send the time sheets in until your happy you're going to get paid.

If my agy went down the pan and I had 1 month of time sheets outstanding that I knew I wasn't going to get paid I'd shred them. End result is the client doesn't pay out for that work, then I'd speak to them and work out a deal such as I do the remainder of the contract. Say 4 months with that month spread over the rest of the remaining months minus a few % to keep the bean counters happy.

Net result is minimal loss to me client gets to keep me on, though I usually have good relationships with the clients.

[PhilG]

There is naive and there is lacking a bit of common sense. Think about the flow of money from client to you and the new agent etc, nothing complicated, and see what you work out. Clue... if new agenct hasn't billed client how can you bill agent??...

Yeah I know, clutching at straws really, I guess my biggest hope maybe something like Sockpuppet suggests below, the client seems pretty sympathetic to my cause at least and I do have a good relationship with them.

Don't send the time sheets in until your happy you're going to get paid.

If my agy went down the pan and I had 1 month of time sheets outstanding that I knew I wasn't going to get paid I'd shred them. End result is the client doesn't pay out for that work, then I'd speak to them and work out a deal such as I do the remainder of the contract. Say 4 months with that month spread over the rest of the remaining months minus a few % to keep the bean counters happy.

Net result is minimal loss to me client gets to keep me on, though I usually have good relationships with the clients.

I'll speak to the client tomorrow and make this suggestion, at least get them thinking about it, I'm sure they wont like to think that they've had my services for 6 weeks for free.

[malvolio]

Get your timesheets signed by the end client, but don't invoice the agency. The former proves you did the work and should be paid for it. The latter stops the agency claiming your invoice as part of their assets if they get wound up. When someone is in a position to pay you, then raise the invoices agaisnt your signed timesheets

If you're in the PCG (and if not, why not ), give their legal helpline a call.

[Sockpuppet]

Also if with the PCG Plus they have agency default insurance.

[PhilG]

Get your timesheets signed by the end client, but don't invoice the agency. The former proves you did the work and should be paid for it. The latter stops the agency claiming your invoice as part of their assets if they get wound up. When someone is in a position to pay you, then raise the invoices agaisnt your signed timesheets

If you're in the PCG (and if not, why not ), give their legal helpline a call.

Yes, I have my last months signed time sheets and haven't invoiced (which I don't intend to), I wasn't aware of the PCG until yesterday so think I best get PCG+ membership today, thanks.