Reply to: Agency not paying

[RichardCranium]

First step - demand evidence that you've violated the clause.

Second step - issue a statutory demand.

I suggest a slight alternation:

First step - demand evidence that you've violated the clause.

Other first step - and issue a statutory demand.

Kick 'em in the arse while kicking 'em in the bollocks.


If you go at them tooth and claw without breaking any rules, they will cave in very quickly. They are just trying it on and you need to make them think you are not worth fighting. If you pussy-foot about they will keep putting little obstacles in your way.

You won't be using this agency again in a rush so there is no need to keep them happy. And there's no such thing as an agency black list either.

There is nothing to fear: it is your legal responsibility and duty as a director of your company to retrieve your company's money. Go do it. Now.

It is mid morning. You could have the paper work done and submitted and be in the pub by feeling all clever and brave by 1pm.

[TheBigYinJames]

I think the limit for small claims court is £5000 debt.

If the total is over several invoices, could he file separate ones?

[Hex]

Yep - I think your right - I've emailed, phoned and texted to no avail. Should I go down the 'small claims' route or take out a 'County Court Judgement' against the agency?

I will keep this thread updated with my progress and once I have successfully won the case I will take great joy in naming and shaming.

Thanks for all the posts.

I think the limit for small claims court is £5000 debt.

[NotAllThere]

Don't involve the client, and don't name and shame until you've got the money - that could be construed as violating the clause by behaving in a way prejudicial to the interests of the agency

First step - demand evidence that you've violated the clause.

Second step - issue a statutory demand.

http://www.insolvencyhelpline.co.uk/...ory_demand.php

[RichardCranium]

I thought you couldnt do small claims court for claims over 5k?

Sorry, figure of speech.

Linky.

[Harrysp]

I thought you couldnt do small claims court for claims over 5k?

[cobraclem]

Yep - I think your right - I've emailed, phoned and texted to no avail. Should I go down the 'small claims' route or take out a 'County Court Judgement' against the agency?

I will keep this thread updated with my progress and once I have successfully won the case I will take great joy in naming and shaming.

Thanks for all the posts.

[RichardCranium]

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

Stop messing about. Get your arse up the county court tomorrow and fill in a small claims form. Get it sent off.

[BrilloPad]

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

Have you spoken to them about it? Will they say anymore than quote the clause?

[Jubber]

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

HOW MUCH !! My "demeanour" would be very "predjudicial to the interests of the agency" when I was in their office taking 14 Gs out of them with a chair.

Jeeeeeezus !!

[cobraclem]

In total its about £14,000 - I'm interested in whether the clause is enforceable or not - is this a subjective decision by the judge or are there certain criteria that need to be met?

[beeker]

Hi folks,

Is it legal to put the following clause in a contract 'if the agency deems that the personnels (i.e. contractors) behaviour, attitude, demeanour is predjudicial to the interests of the agency, the agency reserves the right to terminate this agreement forwith and withhold payment of outstanding invoices'.

I have numerous emails from the client saying how happy they are with my work, plus and termination letter from the agency saying the contract finished early due to changing client requirements, and how happy the agency were ith my 'professionalism and knowledge of the subject', however, they have just sent me an email quoting this clause and are refusing to pay my invoices.

It seems completely unfair that the agency can just subjectively decide that my behaviour, attitude or demeanour was wrong and not pay me.

Any advice on my legal position and options for redress are greatly appreciated.

Thanks

Legally, you can put anything in the contract. Making it stand up in a court is another thing. If you have documented evidence to prove your work was satisfactory then they haven't got a leg to stand on.

How much are we talking about here? A solicitors letter followed by a small claims court submission should be enough to make them pay.

Failing that - are they a member of any professional bodies (REC) which you can contact?

Name and shame x 2

[TheBigYinJames]

Also if the end client was happy, let them or their HR/finance department know how you have been treated. Having the ear of the end client has helped me out in the past with unscrupulous agencies - you may not have any leverage with them once the contract is done, but they may have.

[KevinS]

Get a solicitor to look at it.. If you have emails saying how happy they are, then they suddenly change their minds when they owe you money, it seems very dodgy.. Also, I doubt that clause about not being paid would be enforceable in court (IANAL)..

Name and shame, please - who is the agency??

[moorfield]

This should have rung alarm bells for you before you even signed the contract...

Cut your losses, find another contract, and walk.