Non released payments

[prozak]

This seems very bizarre.

Pursue and sue.

What insurance do you have now? You might even be covered for your legal costs.

[SueEllen]

If you do remind them that not holiding PL is not a reason for non payment, nothing to do with opting out just that you breaching one part of a contract doesn't make the others invalid (i.e. the bit about being paid).

WHS

Get a solicitor to write your "Letter Before Action" including that simple fact.

[rocketron]

Surly when you informed the Agent that the umbrella went down they should have been on this like a rash, they should have told you what you needed straight away. not sure if talking to the client will help but it might be worth making them aware

Ron

[Dryv]

Hi Clare,

yep.. they can only do PI retrospectively not PL...

[Clare@InTouch]

I've had this conversation with them as well... apparently the umbrella will retrospectively insure me... confused as well!!!

Its been over 2 months worth of work

Basically it was a 6 month contract. 3 months in, the umbrella I was going through went under (so I lost that money)... I then advised the agent to stop paying the umbrella, so they did and terminated the contract with the umbrella... they let me continue working for the next 2 months however havent paid me and wont release a retrospective contract, unless I go through one of their recommended umbrellas. If I want to go through my own LTD then I have to show them I had PL for that time period... which I didnt... I have PI but not PL...

Does that make sense? I've tried to explain as clearly as I can.

Have you spoken to an insurance agent about getting retrospective insurance for your limited company? Might be worth a few phone calls.

[Sockpuppet]

Do you have a contract in your co name? If not I'd just use the umbrella and get some cash out.

If you do remind them that not holiding PL is not a reason for non payment, nothing to do with opting out just that you breaching one part of a contract doesn't make the others invalid (i.e. the bit about being paid).

[Dryv]

I've had this conversation with them as well... apparently the umbrella will retrospectively insure me... confused as well!!!

Its been over 2 months worth of work

Basically it was a 6 month contract. 3 months in, the umbrella I was going through went under (so I lost that money)... I then advised the agent to stop paying the umbrella, so they did and terminated the contract with the umbrella... they let me continue working for the next 2 months however havent paid me and wont release a retrospective contract, unless I go through one of their recommended umbrellas. If I want to go through my own LTD then I have to show them I had PL for that time period... which I didnt... I have PI but not PL...

Does that make sense? I've tried to explain as clearly as I can.

[Wanderer]

Okay, so they will pay me BUT ONLY if I go through one of their preferred umbrellas (I posted about this subject last week)... they will NOT pay me through my own LTD becuase I dont have Public liability cover for the term of the contract.

Wow, that's bizarre. The agency getting you to signing up to an umbrella isn't going to retrospectively insure you.

How many days work did you do for the client?
Did you have a written contract before you started the work?

[Dryv]

Okay, so they will pay me BUT ONLY if I go through one of their preferred umbrellas (I posted about this subject last week)... they will NOT pay me through my own LTD becuase I dont have Public liability cover for the term of the contract. And yes, definately not confusing this with Professional Liability, as I have this cover already in place...

I'm annoyed because firstly they havent paid me, secondly I'd imagine they have already billed the client and are just sitting on my money now and thirdly they knew I didnt have this cover in place yet allowed me to continue working and billing the client...

I will do a google search as you suggest.

[Wanderer]

my agency wont pay my LTD becuase I didnt have Public Liability during the contract term.

You mean they won't pay you AT ALL? Sounds a bit strange because you most likely don't even need public liability. Are you perhaps confusing this with Professional Indemnity insurance?

From the little that you have told us, it sounds like you have a very strong case. If the dispute has already progressed a fair way then get a solicitor to write a letter to the agent. Do a google for solicitor letter before action and you will find some firms that will generate a scary looking letter on headed paper for a few quid. Don't go paying hundreds for a solicitor just yet.

Make sure your claim includes interest and penatlies as is your legal right for late payments.

Also read this discussion for some general advice about chasing debt, this topic comes up quite a lot.

Let us know how you get on and consider naming and shaming these guys.

[Dryv]

Hi Guys,

I have a legal question and looking for some recommendations on a legal professional I could engage with that might be able to help. Basically my agency wont pay my LTD becuase I didnt have Public Liability during the contract term. However the agency knew this, and continued to allow me to work while we "sorted" this matter out... The agency is saying it is their policy to ensure contractors have PL and hence wont pay the money, but they let me continue working and billing...

Surely I must be able to do something...?