Reply to: Agency hasn't paid because I was sick...

[TheFaQQer]

Also, if you're a PCG member, then it's probably worth talking to their legal helpline as well. You only get a little bit of advice, but at least it's from a lawyer rather than us lot!

[TheFaQQer]

they're still refusing to pay... now its time to get the debt collectors involved!

That's a good start - get the interest charges racking up, and hit them with a handling charge.

Not sure if it's been said in the thread, but this site is great for late payment advice.

[sli_gryn]

Do you have good relations with the client? Can you ask if the agency has been paid?

BTW who is the agency?

have spoken with the client but they're being a little 'cagey' about whether or not they've paid the agency. they've paid them, but are not too sure about whether it included my services or not.

won't name & shame just yet, but promise to once this has been resolved (one way or the other!) but will say this, be cautious about an agency run by a bunch of antipodeans...

[BrilloPad]

Do you have good relations with the client? Can you ask if the agency has been paid?

BTW who is the agency?

[sli_gryn]

Update

they're still refusing to pay... now its time to get the debt collectors involved!

[sli_gryn]

Have you got email/written evidence of this excuse? I suspect when you get to small claims court and the agent cites "embarassment" as the reason for not paying you the judgement may fall in your favour somehow...

actually, nicely, yes, I do. it's one of the reasons that I'm so frustrated about this is because they're slowly proving to me how much they don't know (and my ignorance as well)

well, let's see what happens next, thanks again for all the help.

[PorkPie]

thanks for all the responses, gents...

yes, they did pay me between the contract expiry and this incident...

they claim, (in an email after I raised the subject) that they were not paid by the client and that the client was seeking compensation from them for a replacement person for me and that's why they weren't going to pay me (because of 'embarassement')

further complication is that there's a jurisdiction issue; agency and my co. is UK, work site is US. (am now back in the UK and still unwell)

i'll have a look at the links and will send the invoice again w/ the suggestions, but any further thoughts?

Have you got email/written evidence of this excuse? I suspect when you get to small claims court and the agent cites "embarassment" as the reason for not paying you the judgement may fall in your favour somehow...

[TheFaQQer]

ah-ha! very interesting! i'm pretty sure they don't have a signed opt-out (i hope i would've remembered that...) so, in that case, i can assume i'm opted-in and proceed along those lines...

cheers, FaQQer, very helpful!

You may find that there is an opt out included in the contract. However, if you have been introduced to the client (which you typically have been because you are being offered the contract), then it's too late - you are effectively opting out of future engagements, but not for this one. Once you have been introduced to the client, you can't change your in/out status for this particular engagement.

[sli_gryn]

If they haven't got a signed opt out notice, from before you interviewed with the client, or were otherwise introduced to them, then you are opted in and they need to pay you.

When they don't pay, then add interest, and tell them that you will go to small claims court. You did the work, you should be paid - end of.

ah-ha! very interesting! i'm pretty sure they don't have a signed opt-out (i hope i would've remembered that...) so, in that case, i can assume i'm opted-in and proceed along those lines...

cheers, FaQQer, very helpful!

[TheFaQQer]

well, invoiced them again, lets see what the response is...

in terms of opting in/out, i'm pretty sure i opted out (another strike against me), but have reviewed the contract and there's no stipulation that they must be paid first.

now here's another twist, the contract states that they'll pay upon receiving a signed timesheet and invoice. the last timesheet, (for the outstanding invoice) was not emailed back to the agency (only my client email account). of course, i don't have access to this any more. i've requested the client fwd me a copy of the authorization email to my personal account, but nothing yet.

*sigh* am not well and really don't need this stress... bl00dy agencies... (yes, yes, poor me, whinge whinge...)

If they haven't got a signed opt out notice, from before you interviewed with the client, or were otherwise introduced to them, then you are opted in and they need to pay you.

When they don't pay, then add interest, and tell them that you will go to small claims court. You did the work, you should be paid - end of.

[sli_gryn]

well, invoiced them again, lets see what the response is...

in terms of opting in/out, i'm pretty sure i opted out (another strike against me), but have reviewed the contract and there's no stipulation that they must be paid first.

now here's another twist, the contract states that they'll pay upon receiving a signed timesheet and invoice. the last timesheet, (for the outstanding invoice) was not emailed back to the agency (only my client email account). of course, i don't have access to this any more. i've requested the client fwd me a copy of the authorization email to my personal account, but nothing yet.

*sigh* am not well and really don't need this stress... bl00dy agencies... (yes, yes, poor me, whinge whinge...)

[TheFaQQer]

thanks for all the responses, gents...

yes, they did pay me between the contract expiry and this incident...

they claim, (in an email after I raised the subject) that they were not paid by the client and that the client was seeking compensation from them for a replacement person for me and that's why they weren't going to pay me (because of 'embarassement')

further complication is that there's a jurisdiction issue; agency and my co. is UK, work site is US. (am now back in the UK and still unwell)

i'll have a look at the links and will send the invoice again w/ the suggestions, but any further thoughts?

Did you opt out?

Your contract is with the agency - usually it will say something like "This contact is governed by the Law of England and Wales". If it doesn't, then the jurisdiction is the law of England and Wales unless you can agree to have it elsewhere.

There is probably a clause in the contract that says that they only have to pay you if they get payment from the client, which is where opting in is important.

[chasingtheaurora]

The US? The most litigious society on the planet? Soldier on.

[sli_gryn]

thanks for all the responses, gents...

yes, they did pay me between the contract expiry and this incident...

they claim, (in an email after I raised the subject) that they were not paid by the client and that the client was seeking compensation from them for a replacement person for me and that's why they weren't going to pay me (because of 'embarassement')

further complication is that there's a jurisdiction issue; agency and my co. is UK, work site is US. (am now back in the UK and still unwell)

i'll have a look at the links and will send the invoice again w/ the suggestions, but any further thoughts?

[TheFaQQer]

Issue them with a "reminder" stating payment is overdue - if not paid within 14 days you will take legal action via small claims court.

also tell them you will recover money as well as interest as per the commecial debt act [ or whatever it's called ].

You can bet you're life they billed the client for the time.

see this article - about half way down

http://www.journalism.co.uk/12/articles/51656.php

Have a look at http://www.payontime.co.uk too