Unpaid invoice

[BrilloPad]

They have said that the invoice went to the finance company already but that is all I have heard so far.

When did they say that?

[MyUserName]

When did they say that?

This morning

[TheFaQQer]

Sorry, I should have been more specific:

I submitted 11 working days ago. The contract states that payment will be made in 10 working days, putting them 1 wd late.

I'd give it a few days, but not too long. Speak to them and see when you can expect the money.

If you want to leave your contract, however, you can claim a breach of warranty and leave - I was prepared once to do that to get out of a nightmare gig and they paid me a day later

[AnonAgent]

For us, we pay invoices in on a Wednesday to go into accounts on a Friday.

If the payment doesnt go into the account for whatever reason, we discover this on a Monday.

Happens about 1 in 100 times but almost always when its the first payment or the last one.

[Scoobos]

I've been in your position and feel your pain, an indian company I worked via took sometimes 45 days to pay me.


THIS IS ONLY MY ADVICE - follow with caution

The bottom line is don't sweat it too early , your agent and you are in a mutually beneficial situation to a point, if he has cash flow issues, you do.

1. If you've got 4 quid - then do a credit check on them and see what they are good to and how many invoices that is.

2. Do send them a polite email requesting remittance as the payment is overdue by xx days. let it slip once.

3. Next time issue a email warning that you'll have to apply interest to outstanding balances as per The late payment of commercial debts (interest) Act 1998 and use a calculator (I like https://payontime.co.uk/late-payment...st-calculators and the site in general)

4. If they go over what you are comfortable with then its time to go and push quickly for your money, perhaps even pay a collector

I think you do feel it when its really getting tight at the agent, by responses and weekly invoice requests coming into your inbox! But firm but fair has worked for me.

But as I said above, its your decision how to deal with it - I made a nice little beer fund out of interest but it wasnt worth the grief, or was it?

[MyUserName]

I have never signed anything saying I have opted out. Therefore I am include in the agency regulations (correct me if I am wrong).

Therefore I cannot be subject to a restriction clause longer than 8 weeks.

I am guessing that this still applies if I cancel the contract due to the agency not paying (and therefore breaching the contract themselves)?

Does it apply (or even can it apply) if the agency go bust?

If the agency goes bust on Monday can I just contract direct with the client under a new contract on Tuesday?

[northernladuk]

I have never signed anything saying I have opted out. Therefore I am include in the agency regulations (correct me if I am wrong).

Therefore I cannot be subject to a restriction clause longer than 8 weeks.

I am guessing that this still applies if I cancel the contract due to the agency not paying (and therefore breaching the contract themselves)?

Does it apply (or even can it apply) if the agency go bust?

If the agency goes bust on Monday can I just contract direct with the client under a new contract on Tuesday?

I don't believe late payment is a breach of contract I am afraid. You would think it is as it is agreed but we had a thread a long time ago discussing in detail and it appears not.

Bit early to be getting yourself worked up about this IMO.

[JamJarST]

I don't believe late payment is a breach of contract I am afraid. You would think it is as it is agreed but we had a thread a long time ago discussing in detail and it appears not.

Bit early to be getting yourself worked up about this IMO.

I think you are right. In my current contract it is a breach, but that is because it is a specific term of the contract.

[northernladuk]

I think you are right. In my current contract it is a breach, but that is because it is a specific term of the contract.

That is right, it has to be fundamental to the contract and have an impact on further work, which for us generally it isn't unless some clever wording is put in the contract...

I found the old thread...

http://forums.contractoruk.com/busin...-contract.html

and an article from

<snip>

[Contreras]

I've been in your position and feel your pain, an indian company I worked via took sometimes 45 days to pay me.


THIS IS ONLY MY ADVICE - follow with caution

The bottom line is don't sweat it too early , your agent and you are in a mutually beneficial situation to a point, if he has cash flow issues, you do.

1. If you've got 4 quid - then do a credit check on them and see what they are good to and how many invoices that is.

2. Do send them a polite email requesting remittance as the payment is overdue by xx days. let it slip once.

3. Next time issue a email warning that you'll have to apply interest to outstanding balances as per The late payment of commercial debts (interest) Act 1998 and use a calculator (I like https://payontime.co.uk/late-payment...st-calculators and the site in general)

4. If they go over what you are comfortable with then its time to go and push quickly for your money, perhaps even pay a collector

I think you do feel it when its really getting tight at the agent, by responses and weekly invoice requests coming into your inbox! But firm but fair has worked for me.

But as I said above, its your decision how to deal with it - I made a nice little beer fund out of interest but it wasnt worth the grief, or was it?

Scoobos are you soft or something?

1. Telephone the agent, explain the invoice is overdue and requires immediate payment.

2. Repeat step 1. every day for max N days. (say N= 3 to 5). If they refuse to take your call then goto step 3 immediately.

3. [Optional] Issue invoice for statutory interest (no warning is required, it's statutory!)

4. Issue LBA and proceed with small claims route OR hand the matter to a debt collection agency.

5. Do let the client know you haven't been paid. They can apply pressure on the agent and ultimately can withhold further payments, with a view to you invoicing them directly.