Reply to: Invoice unpaid by agent

[DeludedKitten]

Going direct has also been discussed with the client.

What does your contract say about that? What does the contract between client and agency say about it?

I'd be careful about going too far down that route without knowing exactly what you might end up having to pay for.

[cojak]

Keep applying pressure and definitely try and work direct with the client.

This agency isn't going to be around for much longer.

[Amanensia]

Sounds promising - good luck!

[castoff101]

Thank you all your replies.

As an update I emailed the agents copying in my manager.

The October account from the agent has not been paid by the client as yet. This account is now frozen until I receive a payment from the agents. Going direct has also been discussed with the client.

I have also had an email from the agency saying payment will be made in the next day or so.

So I feel a bit more confident now in getting a payment in the near future [emoji106]


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[GhostofTarbera]

this seems sensible.

The problem with not issuing the invoice is that if they go bust, even without a timesheet, the client is still a debtor, but the OP is NOT a creditor. An administrator may well chase the client for the OPs money but give it to other creditors.

Almost

The administrator will claw back as much as they can from creditors and pay itself 95% in fees then give the remains 5% to other creditors


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[Lance]

While that's true, the agency needs a signed timesheet to invoice the customer. Without that the administrator isn't going to get very far.

As an aside I find when agencies are having problems speaking to a director and discussing the impact of trading while insolvent often does wonders in getting your invoice paid.

Depends on the agency/client contract. Which none of us know.

And if the client and contractor are withholding a timesheet, it's not going to hold much water once an administrator is looking to claw back all money.

[eek]

this seems sensible.

The problem with not issuing the invoice is that if they go bust, even without a timesheet, the client is still a debtor, but the OP is NOT a creditor. An administrator may well chase the client for the OPs money but give it to other creditors.

While that's true, the agency needs a signed timesheet to invoice the customer. Without that the administrator isn't going to get very far.

As an aside I find when agencies are having problems speaking to a director and discussing the impact on who is responsible for debts if trading while insolvent often does wonders in getting your invoice paid.

[Lance]

I see, that does make some sense I guess.

I think I would definitely be having a full and frank conversation with the client before stopping invoicing though. As part of that conversation I would also be asking the client to guarantee that they will pay me directly in the event that the agency does not do so after a certain period of time. I wouldn't be confontational about this - after all it's not the client's fault, and presumably the agency is unrelated to the client - but I'd be making it clear that unless I was convinced I would be paid, I wouldn't be continuing to work. Perhaps giving the client a few days to agree to this in writing would be appropriate.

this seems sensible.

The problem with not issuing the invoice is that if they go bust, even without a timesheet, the client is still a debtor, but the OP is NOT a creditor. An administrator may well chase the client for the OPs money but give it to other creditors.

[Amanensia]

I see, that does make some sense I guess.

I think I would definitely be having a full and frank conversation with the client before stopping invoicing though. As part of that conversation I would also be asking the client to guarantee that they will pay me directly in the event that the agency does not do so after a certain period of time. I wouldn't be confontational about this - after all it's not the client's fault, and presumably the agency is unrelated to the client - but I'd be making it clear that unless I was convinced I would be paid, I wouldn't be continuing to work. Perhaps giving the client a few days to agree to this in writing would be appropriate.

[eek]

I'm struggling to follow this?

Issuing an invoice is just the way that you tell the agent that they owe you money. If you don't invoice, you ain't getting paid. If you do invoice, you still may not get paid, but you haven't "given anything away." If you feel there might be some way of getting the client to see you right, they aren't going to refuse because you've invoiced the agent. Indeed they might be asking why you haven't!

The timesheet and/or invoice are the evidence the agency uses to bill the client.

If no timesheet or invoice is sent to the agency they cannot bill the client for the work which means the client "could" retain the money and it might be possible for them to find another means of paying you.

Now I'm not sure how all that plays out as every circumstance is different but there is some logic to the plan - there are options that only exist up to the point you invoice the agency.

[Amanensia]

A number have said continue invoicing. However that feels like I am just giving away most of my earnings.

I'm struggling to follow this?

Issuing an invoice is just the way that you tell the agent that they owe you money. If you don't invoice, you ain't getting paid. If you do invoice, you still may not get paid, but you haven't "given anything away." If you feel there might be some way of getting the client to see you right, they aren't going to refuse because you've invoiced the agent. Indeed they might be asking why you haven't!

[BrilloPad]

When does your contract should be paid by?

Personally I would never have more than one invoice outstanding. Once the agency has broken contract, go direct with the client. IMO. IANAL.

[castoff101]

Thank you all for your input.

A number have said continue invoicing. However that feels like I am just giving away most of my earnings. Their commission only forms a fairly small part of the invoice.

I was thinking by hanging on to an invoice I may be able to come to some arrangement with the client. I know that is unlikely but you never know!




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[GhostofTarbera]

Ipse + membership might not actually help you unless they go bust (you might not get any dosh for many months )


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[GhostofTarbera]

They are going pear shaped sir and shaggy dog stories are just that

Say you are walking off site until your October invoice is paid

This might get you some money (other poor sods might not be so lucky) As they try to juggle there cash flow


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