Reply to: Agency has gone into administration owing several invoices

[madame SasGuru]

The only way you have any chance of getting the money is to walk away at a time before the work is finished that will ensure someone somewhere has a reason so finds the means to pay you.

That means you tell the client why you are leaving and leave today. Then with the end client screaming breach of contract its possible something will happen.

Being honest though the money has gone, no more will be appearing and you need to start hunting for another contract first thing tomorrow morning.

[Safe Collections]

the longer you stay working there and not being paid, the longer you are not being paid.

This +1.

The re-seller has already broken a promise to make good on your loss and as such any future "promises" are likely to be just as worthless in our opinion.

Have you lodged a claim with the administrator for your unpaid invoices?

[WTFH]

So the situation is client paid invoices to re-seller , the re-seller paid invoices to the agency, the agency did not pay the invoices to me.
This was because i was on a 6 week payment term on monthly invoices that i agreed.

I would love for the drama and grand statement of a walk out , however having debts and dependants ,as i've said this client is important

Having debts and dependents means you should be looking for a contract where you get paid.

The client is not important if the agent doesn't pay you.
You can repeat till your blue in the face how important the client is, and they may be happy paying a "re-seller" for you, but if you are not being paid, then your debts and dependents are not being sorted.
Continuing to work for the client will not pay your debts.
Getting the agent and "re-seller" to sort out their problems might get you some money.

Perhaps talk to someone like Safe Collections to see if they can help, but the longer you stay working there and not being paid, the longer you are not being paid.

[DeludedKitten]

The client has told me legally there is nothing they can do, they are sympathetic to me and are quietly suggesting I work for them through another route at a higher rate. My relationship with the client is very important.

If the client is willing to break their contractual obligations with the re-seller and / or agencies then I would start to worry when they will do the same with me.

[DeludedKitten]

Seriously. Tell them if you are not paid for work done, you will walk. You do not need these idiots. Do not set a foot on site until you are paid. If you do, you'll end up in a worse state than you are now.

As far as the client is concerned, they have paid for the work. As far as the re-seller is concerned, they have paid for the work.

Telling the client and / or re-seller that you want them to pay twice isn't going to get any further payment.

[Hobosapien]

Check that this new agency that the re-seller has put you through is not also some dodgy side venture of the re-seller owners and are likely repeating the same trick of offloading debt with no intention of paying it all.

At minimum if you simply can't afford to walk away, insist new payment terms that limits your exposure to one or two weeks not months. You can use the re-sellers reneging on the original deal to pay what you're owed to insist on a new deal. If they refuse they are treating you like a mug and that doesn't bode well for future issues.

Whatever you do seek other work and check the notice period you have agreed in the contract to see how soon you can leave this situation behind. Bad situations immediately become less stressful when you know there's a way out and are making progress to that end, even if you decide to stay in the current arrangement if it does start meeting expectations on payment.

[cojak]

So the situation is client paid invoices to re-seller , the re-seller paid invoices to the agency, the agency did not pay the invoices to me.
This was because i was on a 6 week payment term on monthly invoices that i agreed.

I would love for the drama and grand statement of a walk out , however having debts and dependants ,as i've said this client is important

If a regular income is important and the risk of non-payment is too great I would look for permanent employment if I were you - you can’t guarantee that if you’re a contractor - that’s why you’re paid that much.

[NotAllThere]

So the situation is client paid invoices to re-seller , the re-seller paid invoices to the agency, the agency did not pay the invoices to me.
This was because i was on a 6 week payment term on monthly invoices that i agreed.

I would love for the drama and grand statement of a walk out , however having debts and dependants ,as i've said this client is important

Seriously. Tell them if you are not paid for work done, you will walk. You do not need these idiots. Do not set a foot on site until you are paid. If you do, you'll end up in a worse state than you are now.

Actively look for other work. If you're offered as position, take it, start dunning your agent/uber-agent/client morons, and take a punt at county court, if possible.

They are relying on your fears.

Rule 1 and 94 of contracting. Never work for free - go bankrupt first.

[simonb1]

said from strength

Your relationship with the client may be important, but you are not a charity.
They are happy for you to come on site, whether you get paid or not.

Make them aware that you have not been paid and will not be coming back on site until the "re-seller" has paid up.

You are a business, not a charity, and allowing a "re-seller" to get you to work for free is not a good way to stay in business.

So the situation is client paid invoices to re-seller , the re-seller paid invoices to the agency, the agency did not pay the invoices to me.
This was because i was on a 6 week payment term on monthly invoices that i agreed.

I would love for the drama and grand statement of a walk out , however having debts and dependants ,as i've said this client is important

[WTFH]

I'm still with the end client - the re-seller and a new agency. The re-seller moved me to the new agency with the promise of paying the unpaid work and then 3 weeks ago after finishing the transition all new contracts signed, reneged on the promise. The client is leaning on the re-seller to find a solution but it is coming clear they will do nothing. The client has told me legally there is nothing they can do, they are sympathetic to me and are quietly suggesting I work for them through another route at a higher rate. My relationship with the client is very important.

Your relationship with the client may be important, but you are not a charity.
They are happy for you to come on site, whether you get paid or not.

Make them aware that you have not been paid and will not be coming back on site until the "re-seller" has paid up.

You are a business, not a charity, and allowing a "re-seller" to get you to work for free is not a good way to stay in business.

[simonb1]

still with the end client

I'm still with the end client - the re-seller and a new agency. The re-seller moved me to the new agency with the promise of paying the unpaid work and then 3 weeks ago after finishing the transition all new contracts signed, reneged on the promise. The client is leaning on the re-seller to find a solution but it is coming clear they will do nothing. The client has told me legally there is nothing they can do, they are sympathetic to me and are quietly suggesting I work for them through another route at a higher rate. My relationship with the client is very important.

[northernladuk]

If you are still working for the end client.... Why?????

[LondonManc]

The key here is - are you still working with the end client?
If so, speak to them about your situation; they may be able to get the contract terminated and get you through a different agent on better terms.

[billybiro]

Not seen that term before in a contracting context.

And what do you think a recruitment agent is?

[DeadEyedJacks]

Also please name the reseller and agency so we know to avoid any new companies they may spin up...