Reply to: Small claims - Agency outside of UK

[WTFH]

They are still processing background checks from the 21st Jan.

This is another bit of drip fed information that could be quite important.

So far we have established:
1. You are not entering timesheets on their portal. You are blaming the portal.
2. Your invoice was incorrect. You say it wasn't.
3. You submit invoices during the day that they allegedly cover - if you were working on 31st January, then the earliest that the timesheet and invoice could be generated is the close of business that day, so the earliest the agent would receive it is 1st Feb.
4. Your background checks have not been completed, but you've gone onto site anyway.
5. You have discussed your contract with the end client.

If I were you, I'd want to take a very close look at the contract you signed, as I suspect it will be fairly clear what their requirements are to ensure a timely payment.

Yes, your company could take them to county court. Remember, this is a business to business case, not a private individual matter. If that is something you are considering then make sure you get everything in writing/email. Don't phone them, do it all in writing. A solicitor who knows what they are doing will cost you around £250-£400 per hour. If it gets to court, a barrister will be around £5,000 a day.
Your solicitor will want as much in writing as you can get, that is the best. You need to be honest with them.

[Lance]

Thanks for that !
I believe the accounts are based in India. The agency address and contact number was in London and that is where the recruiter who interviewed was based.

none of that is relevant.

What company do you have a contract with? Are they a company registered in England and Wales? Do they have a GB VAT number?
You can find this on your contract.

It'll be near the top and go something like this...

This Agreement is made between:

<Agency company details>

and

<your company details>

blah blah blah ......

[NotAllThere]

Which part of my post are you failing to understand ?

Almost everything because you are so utterly incapable of expressing yourself clearly.

[jayjay69]

If they're based in India then you'll have to take up a legal case in India. Fook only knows how you do that, or who you have to bribe.

If they're actually based in the UK...... then you have to do quite a bit more before going to court. Count it is a last resort. Focus on:
1) fulfilling the terms in the contract
2) proving you've done 1 (by timesheet or other)
3) Invoice correctly
4) Follow dunning (Google it) processes correctly.
5) If you then get legal, sort out your grammar or pay for a lawyer. Your grammar is terrible and won't help you if you have to do this.

If you actually do have a contract with an Indian company, based on Indian jurisdiction, then you're a fool.

Thanks for that !
I believe the accounts are based in India. The agency address and contact number was in London and that is where the recruiter who interviewed was based.

Court would be the last resort, I know that a few carefully worded letters or mails may jog them along.
I do want to hold on to the contract as this is for a well known UK insurance company the first I have on my CV and will hopefully get me a foothold in to banking or more insurance based clients.
I don't want to be chasing up payments every fortnight or waiting for the final payment when contract ends.
As others have pointed out I know this is a new contract and there are always a few issues that need ironing out but these guys seem either new to the game or really unsure of how to progress things.
They are still processing background checks from the 21st Jan.

[Old Greg]

He'd struggle to take me to court as I'm anonymous (albeit a court could possibly make admin provide my personal details).
He'd struggle to take an Indian company to court unless he has significant resources to proceed in India.

He'd lose both.

He didn't ask if he would win. Anyway, Incorporated Gladiator Services vs Amalgamated Chutney Spoons shows that a claim for breach of promise would have a reasonable chance of success.

[Lance]

I didn't say he would win. The anonymity is something of a challenge but that should not be a discouragement.

He'd struggle to take me to court as I'm anonymous (albeit a court could possibly make admin provide my personal details).
He'd struggle to take an Indian company to court unless he has significant resources to proceed in India.

He'd lose both.

[Old Greg]

You sure?
I've offered a subjective opinion, on a possible scenario.


Oh. And I'm anonymous.

I didn't say he would win. The anonymity is something of a challenge but that should not be a discouragement.

[Lance]

The OP can take you to court for that.

You sure?
I've offered a subjective opinion, on a possible scenario.


Oh. And I'm anonymous.

[Old Greg]

I do.

The OP can take you to court for that.

[Lance]

You think?

I do.

[Old Greg]

If they're based in India then you'll have to take up a legal case in India. Fook only knows how you do that, or who you have to bribe.

If they're actually based in the UK...... then you have to do quite a bit more before going to court. Count it is a last resort. Focus on:
1) fulfilling the terms in the contract
2) proving you've done 1 (by timesheet or other)
3) Invoice correctly
4) Follow dunning (Google it) processes correctly.
5) If you then get legal, sort out your grammar or pay for a lawyer. Your grammar is terrible and won't help you if you have to do this.

If you actually do have a contract with an Indian company, based on Indian jurisdiction, then you're a fool.

You think?

[Lance]

Which part of my post are you failing to understand ?

Invoice on 31st this was confirmed as my first day by agency .
Payment 30 days later hits this weekend but they don't process on a weekend hence this Friday . This is all confirmed by the agency none of this processing in between as you have pointed out.

After numerous mails today it was confirmed I will be paid Tues or Wed followed by another mail to say 30 days from now , followed by a final email today the 6th March. So they have technically breached contract with the 30 day period , more concerning is their balls up to actually arrange a confirmed paymebt date.
Topped off with the fact I still cannot enter timesheets anymore which has not been resolved

Hence my original question about taking them to court if I have to leave as I don't work for free and I'm not a friggin charity.

If they're based in India then you'll have to take up a legal case in India. Fook only knows how you do that, or who you have to bribe.

If they're actually based in the UK...... then you have to do quite a bit more before going to court. Count it is a last resort. Focus on:
1) fulfilling the terms in the contract
2) proving you've done 1 (by timesheet or other)
3) Invoice correctly
4) Follow dunning (Google it) processes correctly.
5) If you then get legal, sort out your grammar or pay for a lawyer. Your grammar is terrible and won't help you if you have to do this.

If you actually do have a contract with an Indian company, based on Indian jurisdiction, then you're a fool.

[Old Greg]

Which part of my post are you failing to understand ?

Invoice on 31st this was confirmed as my first day by agency .
Payment 30 days later hits this weekend but they don't process on a weekend hence this Friday . This is all confirmed by the agency none of this processing in between as you have pointed out.

After numerous mails today it was confirmed I will be paid Tues or Wed followed by another mail to say 30 days from now , followed by a final email today the 6th March. So they have technically breached contract with the 30 day period , more concerning is their balls up to actually arrange a confirmed paymebt date.
Topped off with the fact I still cannot enter timesheets anymore which has not been resolved

Hence my original question about taking them to court if I have to leave as I don't work for free and I'm not a friggin charity.

Yes you can take them to court.

[jayjay69]

Given your post from last year, consider this. If you smell dog sh*t everywhere you go - check your shoes.

Start: Monday 28th January
First invoice issued: Friday evening 9th February for two weeks effort
Agency receive invoice next working day: Monday 11th February
Invoice due 30 days after receipt: 13th March.

Today's date: 1st March... 12 days to go before payment.

Which part of The 30 days is from the date of the invoice, not the date you began the work you invoiced for are you failing to understand?

Which part of my post are you failing to understand ?

Invoice on 31st this was confirmed as my first day by agency .
Payment 30 days later hits this weekend but they don't process on a weekend hence this Friday . This is all confirmed by the agency none of this processing in between as you have pointed out.

After numerous mails today it was confirmed I will be paid Tues or Wed followed by another mail to say 30 days from now , followed by a final email today the 6th March. So they have technically breached contract with the 30 day period , more concerning is their balls up to actually arrange a confirmed paymebt date.
Topped off with the fact I still cannot enter timesheets anymore which has not been resolved

Hence my original question about taking them to court if I have to leave as I don't work for free and I'm not a friggin charity.

[NotAllThere]

I started 28th (January) and it's now 1st March thats 5 weeks

Given your post from last year, consider this. If you smell dog sh*t everywhere you go - check your shoes.

Start: Monday 28th January
First invoice issued: Friday evening 9th February for two weeks effort
Agency receive invoice next working day: Monday 11th February
Invoice due 30 days after receipt: 13th March.

Today's date: 1st March... 12 days to go before payment.

Which part of The 30 days is from the date of the invoice, not the date you began the work you invoiced for are you failing to understand?