Client only paid up to end of march so only one week into extension by then so 1500.
and god knows when the other 2 weeks will be paid.
dont you love when weekly payments turns into whenever-we-like payments
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Reply to: Change of Payment Terms midcontract
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Previously on "Change of Payment Terms midcontract"
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ok now the agency emailed said client not paying them till end of the month and I wont get paid till after that.
They havent said if they are paying me all moneys due at the end of this month. which would be 4500 by 530 today.
and if I take their extension for 3 week that will be another 1500.
DEAL or NO DEAL!
sunny weather and 7 missed calls from other agencies??
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70 quid on 250/day IS!
followed by not replying too email, not picking up his phone. ...oh and being 2 weeks behind in payments!
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Good news! I wasnt paid AGAIN... but today is my last day!!
yes my fault for not checking bank balance.
I was lulled into a false sense of security as they had paid the first two invoices promptly. IT WONT HAPPEN AGAIN!
As for forgetting to invoice. I didnt forget I just missed the first deadline and it was paid anyway the following week.
The drama continues today. I was paid for two weeks last week. but this week nothing!
7 week contract
WEEK 1 - missed timesheet cutoff.
WEEK 2
- invoiced WEEK 1 + 2
WEEK 3
- paid for WEEK 1 + 2. so foolishly believed everything ok.
- invoiced WEEK 3
WEEK 4
- invoiced WEEK 4
WEEK 5
- invoice WEEK 5
WEEK 6
- suddenly get emails about changes to payment terms. Check bank account and realise I havent been paid for 2 weeks.
- ring up, kick up stink. They said payment was made this week.
- fri - check account and only paid for WEEK 3 +4.
- client
- invoice WEEK 6
WEEK 7 (this week)
- check account today. not paid
- client management in the US at conference wont reply till 2pm
- rang agent, got endless bull about they've been chasing the client.
- client said last week they had been paying them up front.
So now I dont know who to believe. Though seeing as the agent told me when I started client couldnt afford any more than my minimum rate then I found out he was charging 70 quid/day on top of mine, Im tending to believe the client.
Today is my last day but client wants to extend by 3 weeks.
I'm worried client may say work not completed (though more likely the agency will use that excuse)
I told client I dont trust the agency and would only extend on a weekly basis. Really wish they hadnt asked me to extend so I could walk away.
5.30... looms closer. I'm writing handover notes as we speak.
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Originally posted by jsmiths99999 View PostI checked my company bank account to find they'd stopped the weekly payments after the third week. So I'm owed 3 weeks wages which comes to 1000's
can i be padi directly or will that affect IR35
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That might be the issue though, if it's for a small startup, the agency's factoring company might think that they're too high risk so they refuse to cover their payments. Happened to me once when I contracted for a tiny company, the agency had said that they'd pay a week after the monthly invoice, but after they got the first invoice they changed their mind and said that they'll pay me after they get paid.
I would be careful with this though, since if the agent didn't realise that they might have problems with factoring, then there might be other things that they don't understand as well, such as cash flow etc. I had to call in a debt collector to get paid. The only good thing with that agent was that he was so useless so he had actually forgotten to put in anything in the contracts about me and the client not going direct, so we just continued without him.
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Regardless of whether you invoiced on week one or not the issue that would concern me is the agencies inability to pay!
If they are unable to deal with the basics of cash flow, bearing in mind agencies take a cut from the client before paying the contractor then they are effectively a high risk to the relationship. If they don't have the funds to earn their 15/20% they should use a factoring company!! Get rid of them and get the client to pay direct or via another agency!!!!
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Originally posted by jsmiths99999 View PostI signed the first letter of intent the fri before I started and sent it off. It had the basic terms on it.
The sent me the full contract which was fine but I forgot to send it back.
Originally posted by jsmiths99999 View PostMid contract the agent rings and say they need to change payment terms.
Originally posted by jsmiths99999 View PostThe new contract arrived and all that was added was online.
Special Terms:"PAID WHEN WE ARE PAID" as in "Agency will PAy(me) WHEN WE(agency) ARE PAID".
I would flatly refuse to accept that variation anyway.
Originally posted by jsmiths99999 View PostI checked my company bank account to find they'd stopped the weekly payments after the third week. So I'm owed 3 weeks wages which comes to 1000's
Originally posted by jsmiths99999 View PostIs it legal to change payment terms mid contract?
Is it legal to go from definite weekly payments to no fixed date.
Originally posted by jsmiths99999 View PostIf I invoice weekly am I covered by the 28 day (pay your invoice payment terms) without a contract?
Originally posted by jsmiths99999 View PostCould they not pay me at all? How would I go about getting my money if they do?
Originally posted by jsmiths99999 View Postcan i be padi directly or will that affect IR35
1. The agency will have terms in their contract with the client saying that you can't work directly with them
2. The client could become liable for PAYE/NI if you are trading as self employed and you don't pay your tax.
3. Many clients like to use agencies as it puts a firewall between them and the worker so that the worker can't go and claim employment benefits (holiday, sick, maternity, redundancy, unfair dismissal etc) from the client at sometime down the road.
It's quite possible that the client could come to some agreement with the agency so that 1. is not a problem but often agencies won't allow it.
Bit of a mess, the best way forward is to stick to your guns. Get the client and agency and yourself talking (as you have done) and come up with a solution. It sounds like the agency are a bunch of amateurs who haven't got a clue what they are doing, to be honest.
Good luck
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Firstly. Looking at your conduct to start with, forgot timesheet, forgot contract, are you surprised they are trying to change their conditions. You sound like a nightmare and I would be doing what I could to protect myself from the rist. Can't blame them really?
Did you opt in or did you opt out? Check the long thread here ad in the guides to the right. It is important as it affects your rights to getting paid.
http://forums.contractoruk.com/busin...-2003-act.html
The fact you turned up to work means you have implicity accepted the last contract you saw. It can get messy if you didn't sign one but it doesn't mean you don't have one. Bearing in mind you are a 'contractor' not signing your contract is pretty bloody stupid.
I bet both your client and agent are as unhappy with this carry on as you are I am afraid.
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Change of Payment Terms midcontract
Hi
Im on a 7 week contract being paid weekly.
I signed the first letter of intent the fri before I started and sent it off. It had the basic terms on it.
I missed the first week timesheet deadline so sent two invoices at end of week two and was paid in week three.
I have been invoicing weekly ever since.
The sent me the full contract which was fine but I forgot to send it back.
Mid contract the agent rings and say they need to change payment terms.
I thought it was weird and even asked the client. They said agency had changed payment terms on them as well because they're a startup afraid they wont get paid. They agency demanded they pay a lump sum at the start and another which went to the agency last week.
The new contract arrived and all that was added was online.
Special Terms:"PAID WHEN WE ARE PAID"
as in
"Agency will PAy(me) WHEN WE(agency) ARE PAID".
The agent even signed it (normally they send two blank copies for you to sign, send and they send back one sign) and rang me last night to ring him urgently. I didnt get the message till late and got suspicious. I checked my company bank account to find they'd stopped the weekly payments after the third week. So I'm owed 3 weeks wages which comes to 1000's
Luckily the clients two manager are at SXSW in US so emailed them all night.
They'd demanded a meeting with agency today so will see.
They said they would try and pay me directly and pay agency their fee.
I have some leverage as my contract is up on Fri 23rd and client want me to extend. Right now I wouldn't touch this agency ever again with a barge pole and got 10 calls a day so I'm in the mood to back away before the amount gets too much and also because I know client will dump agency as so as I leave.
What's my legal standing?
I only signed letter of intent.
They have no contracts signed by me.
I have two versions of their contract (one unsigned by either of us).
One has no special terms, other hasn't.
Is it legal to change payment terms mid contract?
Is it legal to go from definite weekly payments to no fixed date.
If I invoice weekly am I covered by the 28 day (pay your invoice payment terms) without a contract?
Could they not pay me at all?
How would I go about getting my money if they do?
anyone else with nice role, tulip agency want to swap. I got the same
cheers
rant over..well till agent rings then rant back on!!
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