Reply to: Client won't sign timesheet

[mace]

Payment disputes

Are difficult to solve.

On a legal basis, you need to send the agency a final 'letter of claim' specifying what is owed, and how it breaches the terms in your contract.
If this doesn't produce a result then I'd send an email to REC, if they're a member. If this doesn't work either and the money owed is less than £5k then, after 2 weeks, file a claim on www.moneyclaim.gov.uk. I successfully forced a large financial investment money to pay up using this route, so I'd be very surprised if an agency didn't roll over at this point.

On the downside, if the agency are real cowboys, they might ignore you right up to the case coming to court and even refuse to pay up after an award is made in your favour. At each stage, you're raising the stakes. Taking the legal route is always a gamble and should be used very much as a last resort.

[NotAllThere]

Start charging interest for late payment, and an admin charge.

[zathras]

Thanks for these responses. I think it is worth putting this on a forum in case others run into the same.

So a few days ago the client manager agreed to sign the timesheets and we agreed no more overtime from me. I faxed and sent invoice to the agency just minutes later. I thought that was the end.

Now the agency is refusing to honour the invoice until the client pays them. The client is not returning calls/emails to agency to confirm they will pay and haven't started processing the payments. I have verbal confirmation from the client that invoices from agency will be paid.

How do I deal with this ? I have drafted a response to the agency along the lines that my relationship is with the agency and my invoices are not dependent on payment from the end-client to the agency. I have fulfilled all my contractual obligations to the agency. Is it my job to get the client to pay the agent ?? Real man in the middle here.

Of course I want the client to pay up but in the end I don't think the agency can withhold money because they haven't been paid.

Thoughts ?

Sue the agency. If they are required to pay you for the work now there is a signed timesheet then it matters not a jot that the client has not paid them. The problems the agency has with the client are their problem, not yours.

However with you and the client being in Germany, the agency being in the UK and I'm not sure the domicile of your company (if you have one), I'm, not sure how you go about doing that.

[r0bly0ns]

I would put it in writing as you suggest.

But be very polite, and make sure you are correct when stating that you have fulfilled your obligations.
There may be a clause in your contract stating that payment will be made to you when it is recieved from the client so look hard to make sure there isn't.

[Bluebird]

your contract is with the agency, as such unless the contract stipulates that they will withhold payment until they are paid they will have to pay within the terms of the contract - which could be 7,14,28 days.

If they don't pay warn them you will take proceedings against them, also that as they are in breach of contract you'll find another agency to replce them for the same gig, and that you will advise the client of their actions.

[LegendsWear7]

Update

Thanks for these responses. I think it is worth putting this on a forum in case others run into the same.

So a few days ago the client manager agreed to sign the timesheets and we agreed no more overtime from me. I faxed and sent invoice to the agency just minutes later. I thought that was the end.

Now the agency is refusing to honour the invoice until the client pays them. The client is not returning calls/emails to agency to confirm they will pay and haven't started processing the payments. I have verbal confirmation from the client that invoices from agency will be paid.

How do I deal with this ? I have drafted a response to the agency along the lines that my relationship is with the agency and my invoices are not dependent on payment from the end-client to the agency. I have fulfilled all my contractual obligations to the agency. Is it my job to get the client to pay the agent ?? Real man in the middle here.

Of course I want the client to pay up but in the end I don't think the agency can withhold money because they haven't been paid.

Thoughts ?

[shoes]

You could try to come to an arrangement with the line manager where they sign your timesheets as though you worked normal hours (removing the overtime/on call component). In the future take a couple of days off and have the line manager sign the timesheet as though you were there, so the total number of hours paid for matches the number worked. If your overtime/on call rate was higher than the usual rate you lose the difference. In future don't do any overtime for them.

[Epiphone]

It seems to me you're up tulip creek. Your contract is with the agency so if that contract has been amended to show the new rate then charge the agency.

If the agent hasn't updated his contract with the client then the client aren't going to pay the new rates.

The verbal agreement with the line manager means nothing unless you can back it up with anything in writing or a witness etc.

Can you get the client to sign off on the work done and not necessarily the price? If your timehseet has some weasal worded "the client signs this and accepts all invoices" you might be fecked. But you might just be able to get the client to agree the work then hit the agent for the pay.

At least that way you don't damage the relationship with the client.

[RightLaugh]

just ask them if they think 75% is reasonanble. Start there and you may end up with between 50-60% of your money. I don't think you should write it off completely. Sounds like they weren't happy with the rate not the actual charging of overtime.

[chris79]

Well think of the options here:-

1. Burn your bridges and sue them for what you think is rightfully yours.

2. Keep things amicable and negotiate a resolution for perhaps less money, but keep the situation workable but on the basis you won't work overtime in future?

If as you say the situation is comfortable for you then ask yourself the question is it worth getting my own way for £4000 but having the end expense of relocation, new job contract, uncertainty, etc for the sake of £4000?

It's not a nice situation to find yourself in, but given the situation grabbing the gold now might not be in your best interests?

[DBA_bloke]

If I was working in the City, then that's exactly what I would have done weeks ago without hestitation and found another contract nearby. Quitting a London job doesn't mean quitting apartment / country / tax system etc. Working out here means there is a bit of inertia due to the effort involved and I'd like to resolve it amicably if possible before packing my bags. At least I'd like to leave when it suits me rather than due to being messed around.

Hmmmm... I suspect you may end up losing out, then. Bad luck.

[Crossroads]

About 4000 quid difference over 2 months. I could live without it, but so could a bank with literally billions in the vault.

And that shouldn't be the point. If they win this then what comes next ? I'm going to invoice the agency in the next wee while and wait for their reaction.

You are correct, it should not be about the amount, but...

Would you rather come to an agreement with the client and write some / all of the £4k off and continue in the role with an agreed way forward in terms of working hours, or do you want to risk the relationship breaking down and you being terminated?

If it was £40k then it might be different, but for £4k I'd be looking to discuss things with the client. That said, I wouldn't be doing any further work in the meantime...

Rather than just invoicing the agency, have you tried speaking to them first?

[LegendsWear7]

How much money are we talking about?

About 4000 quid difference over 2 months. I could live without it, but so could a bank with literally billions in the vault.

And that shouldn't be the point. If they win this then what comes next ? I'm going to invoice the agency in the next wee while and wait for their reaction.

[Crossroads]

If you want to keep it amicable...

How much money are we talking about? If you were to re-do your timesheet for just the standard hours, how much would you lose?

Can you come to an agreement with the client, on the understanding that you won't be doing any more overtime?

[LegendsWear7]

Tell 'em to pay-up, or you're off.

If I was working in the City, then that's exactly what I would have done weeks ago without hestitation and found another contract nearby. Quitting a London job doesn't mean quitting apartment / country / tax system etc. Working out here means there is a bit of inertia due to the effort involved and I'd like to resolve it amicably if possible before packing my bags. At least I'd like to leave when it suits me rather than due to being messed around.