Aagency Wont Pay Me!

**cojak** · 18 November 2005, 16:36

If you've done the work and there aren't quality issues, you should get paid. If you're owed more than a couple of hundred quid it may be worth speaking to a solicitor (they'll charge that amount but get you the rest of your money back...)

**privateeye** · 18 November 2005, 16:57

Yes I have and successfully won in the High Court. Have also represented other contractors who won before it got to court against a rather large agency.

The general rule is agencies will see what they can get away with - so if you do nothing they will not pay. Go straight to the top guy in the agency and any trade body that they belong to and make formal complaints as a first stop. Read your contract and become familiar enough to quote them on the phone in any discussion. Don't threaten anything unless you can carry it out - don't even bother speaking to the agent go straight to the director's.

Research also what you can do via the small claims court - you can even do it over the internet and not attend court these days. Take legal advice of course.

See a solicitor for a consultation period first, if what you are owed is high enough he/she will probably suggest a statutory demand which is one of the most frightening documents to land on any Directors desk as it gives only 7 days to cough up or be wound up.

**ASB** · 18 November 2005, 17:14

Originally posted by privateeye

See a solicitor for a consultation period first, if what you are owed is high enough he/she will probably suggest a statutory demand which is one of the most frightening documents to land on any Directors desk as it gives only 7 days to cough up or be wound up.

Statutory Demands.

It's 21 days before one can petition for winding up. Also you must be able to prove service. You have 4 months from the date of the demand to petition or it lapses and you need to start again.

But yes, they do tend to get the directors attention.

With an SD it is important that there is going to be nothing contested, otherwise the debtor can apply to get it overturned and you are back at square 1. Obviously something in writing from an authorised officer of the firm is useful in this context.

In this particular case since the OP left by mutual consent (did that involve the agency or just the client?) then the agency might well argue that they are withholding because of the breach of contact and may counterclaim. In which case it's off to court anyway so the small claims/county court might be a better place to start.

The legal folk will know better than I, it's not something I've done often.

**privateeye** · 18 November 2005, 18:08

Originally posted by ASB

Also you must be able to prove service.

Thats an easy part but there is a defined process to make it legal. Firstly it must be delivered to the registered office by hand is preferable and using one of the solicitors privateeye's. It does not necessarily have to be put in the hands of one of the directors but merely located at their registered office. The seriousness of the document has to be stated to the recipient so they can act on it fast. It is really enjoyable deliverring these to rogue agents.

The privateeye will then sign an affradavit with a commissioner of oaths and that is all that is required for it to be proven. This part can cost anything from 50 - 200 depending on the complexity of finding the company as some companies use a different registered office than that they trade from.

**ancient** · 18 November 2005, 19:55

Send the agency the copy of this thread, based on the advice you have recieved.

Perhaps consider a small claims submission.

Either way let them know, that if they do not pay up then they are in for some significant administration costs and alot of bad press.

You do not explain the reason for departure, but sometimes this can be a failure of the Client or Agent - rather than the Contractor.

Unfortunately the Contractor is often the easy 'victim' left holding the bag, do not accept this.

Let them know that the rest of the Contractor population are curious to know who they are; and unless their grounds are well founded; We will all stay well clear of them in the future.

If you have been professional and honest in your dealings then you should be paid.

If you have failed to offer or deliver a service of a marketable and professional standard then the Agency are probably well within their rights - and you should suffer the consequences.

**thunderlizard** · 18 November 2005, 20:18

If the other party is unexpectedly refusing to pay, it doesn't sound like mutual consent to me unless this was in the terms of your contract termination.

**Jkettle** · 18 November 2005, 22:04

Agency wont Pay!

It was by mutual consent with the end client at the end of the first week. We agreed that their would be no point working any longer if it was not working out. We told the agency that I was going to think about my position over the weekend and they put pressure on my stay as long as possible. That weekend I phoned the end client and informed him I was not going back.

4 weeks after we sent the invoice I we asked them why they had not paid and they first said the client was refusing to pay them and that I had not given my notoice. I spoke to the client and he said this was nonsense and told them to pay me, which they agreed to do. 1 week later they had still not paid me so we asked them again and this time they claimed I had not given 1 weeks notice as per the contract and that was why they were not going to pay me!

If they told me I needed to give a weeks notice when I told them I was going to leave at the end of the first week, Fair play. But they didn't. Everybody knew the situation and it was well understood. They just trying to pull a fast one.

**messiah** · 20 November 2005, 01:37

1 week is not long for a trial period. who u work for ? Barcrap ?

**Jkettle** · 20 November 2005, 11:04

It was not a trial period, it was a 6 month contract with a 1 week notice period.

Aagency Wont Pay Me!