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Advice on action to take when agency hasn't paid?

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    #11
    opted in or out or shake it all about = IR35 thingy.

    Brolly = pretend company = another bunch of spungers taking a cut from your £4.95ph rate.

    I know, I should have put the two ideas in their own paragraph so that simpletons like yourself can follow adult themed conversations that down involve pron

    Mailman

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      #12
      Update: Agency processed invoices and paid umbrella Monday pm. Cleared funds were in my bank Tuesday.

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        #13
        good news. keep a close eye on things though. just in case you happened to shout loudest at the right time.

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          #14
          Originally posted by Wanderingoffagain View Post
          Update: Agency processed invoices and paid umbrella Monday pm. Cleared funds were in my bank Tuesday.
          Bravo! The worst one is the final invoice, the one where you can't walk off the job if they don't pay because you're already off the client site. I always get jittery on that one, even after all these years.
          Cooking doesn't get tougher than this.

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            #15
            Originally posted by TheBigYinJames View Post
            Bravo! The worst one is the final invoice, the one where you can't walk off the job if they don't pay because you're already off the client site. I always get jittery on that one, even after all these years.
            Ah yes, that's the predicament I find myself in. A retained position has come to an end and I am owed for the final 3 periods. My previous calls to the client side accounts department have elicited a "Your agency should pay you" response. I'm sure they are playing dumb on the status of an umbrella company, but why they'd want to squeeze me so hard I have no idea.

            I want the umbrella company to threaten legal warfare on the client, but I have no idea how to go about it without writing the letters myself. I don't like having that extra layer between me and my money, especially when it goes tits up, but it's there now what can you do? They say they're chasing on a daily basis, but how I'm not entirely certain.

            What is the legal status here? Who do I shout at? I can't withdraw services, they've had that.

            Meio

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              #16
              Bump after some reading:

              My umbrella company have said that they will sign over the late payment bit of the debt over to me, once all the invoices have been paid. I was wondering how I'd go about that, but then sat and read the legislation again:


              Late Payment of Commercial Debts (interest) Act, 1998:

              13 Assignments, etc

              (1) The operation of this Act in relation to a qualifying debt is not affected by—

              (a) any change in the identity of the parties to the contract creating the debt; or

              (b) the passing of the right to be paid the debt, or the duty to pay it (in whole or in part) to a person other than the person who is the original creditor or the original debtor when the debt is created.


              (4) A reference in this section to the identity of the parties to a contract changing, or to a right or duty passing, is a reference to it changing or passing by assignment or assignation, by operation of law or otherwise.



              So it seems that the umbrella company can write to my debtor telling them that they owe me now and not the umbrella company. Then I can go to war.

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                #17
                So you pay an umbrella company to take care of getting money from the client and paying you, and you now want them to shirk thier responsibility and leave it up to you to claim your debt.......

                Worth the fees is it?

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