Payment delay as agency cannot charge client due to know events

[LondonManc]

Not really though is it?
The agency are essentially saying that where all those conditions you mention above have been met, and where the payments were due on 17th & 24th, they're not going to pay on those dates.
I suppose the OP has the choice of either waiting to see if they resume payments later as promised, or turning the screws now.

It is. Lots of agencies have a paid when paid clause but their working practice is that you're paid weekly and they factor it. If the OP has met all contractual clauses then they can pursue. If the agency was simply being nice before that then there's nothing to legally pursue.

[KinooOrKinog]

It is. Lots of agencies have a paid when paid clause but their working practice is that you're paid weekly and they factor it. If the OP has met all contractual clauses then they can pursue. If the agency was simply being nice before that then there's nothing to legally pursue.

Yes I see what you're saying. I suppose the overarching point is, as always, what does the contract say!

[LondonManc]

Yes I see what you're saying. I suppose the overarching point is, as always, what does the contract say!

[MisterLysenkiy]

No worries about your contract getting cut then.
What does your contract say with respect to payment terms?

Paying with a 1-month delay, not a contract but there's a clause in the schedule, and the did such all the times. No probs with this exact point

Have all your unpaid timesheets been signed?

yes

Have all your unpaid invoices been submitted on time with respect to the payment schedule

No need to submit as they operate online self-billing, timesheetz.net - several agencies use them. I submit all the days worked out, then the client goes there and confirms electronically. All has been done and approved

As I said, I do generously accept even the mentioned delay for a few more weeks. The worry is that it will be even more delayed if paid at all. All I was just asking how I could enforce payments in the worst case

[Lance]

Paying with a 1-month delay, not a contract but there's a clause in the schedule, and the did such all the times. No probs with this exact point


yes


No need to submit as they operate online self-billing, timesheetz.net - several agencies use them. I submit all the days worked out, then the client goes there and confirms electronically. All has been done and approved

As I said, I do generously accept even the mentioned delay for a few more weeks. The worry is that it will be even more delayed if paid at all. All I was just asking how I could enforce payments in the worst case

Self billing is ok to a point. Have you received your copy of the invoices for all periods submitted?
If you’ve not been provided your copy then the invoices haven’t been ‘submitted’ and you are not owed the money.

[MisterLysenkiy]

Self billing is ok to a point. Have you received your copy of the invoices for all periods submitted?
If you’ve not been provided your copy then the invoices haven’t been ‘submitted’ and you are not owed the money.

Not the actual invoice, but of course every approval by the client triggers an email with confirmation to me. Every single period worked out was approved, I get an email for each of them

[Lance]

Payment delay as agency cannot charge client due to know events

Not the actual invoice, but of course every approval by the client triggers an email with confirmation to me. Every single period worked out was approved, I get an email for each of them

Then no invoice is raised, therefore no money is owed.
You have evidence of a signed timesheet which is good.
You probably want to raise your own invoice and get it to them.

Until you’ve got the three pillars of money owed you can’t do much.
They are...
1) agreement to pay a sum for goods or services. This can be a PO but for contractors is the contract and schedule.
2) Proof of delivery. In this case a signed timesheet.
3) An invoice raised and delivered to the client.

Pretty basic stuff. I’m amazed how many people run businesses without knowing this.

Once you have all three, and the payment is late you then start dunning. Late payment without an invoice is not late.

[MisterLysenkiy]

3) An invoice raised and delivered to the client.

In this context, it means not to the client, but to my representing agency. Correct?

Any specific proofs for "delivered" apart from sent from my LTD operating gmail account?

[LondonManc]

Paying with a 1-month delay, not a contract but there's a clause in the schedule, and the did such all the times. No probs with this exact point

As I said, I do generously accept even the mentioned delay for a few more weeks. The worry is that it will be even more delayed if paid at all. All I was just asking how I could enforce payments in the worst case

OK, so they are actually paying early as a norm, is that correct?

[MisterLysenkiy]

OK, so they are actually paying early as a norm, is that correct?

Nope. Week ending 17 March is to be paid on 17 April (a month delay!) as per their schedule, but now since they cannot charge the client they want to delay it several more weeks. Which I doubt they pay as claimed, but delay even more