Reply to: no timesheet, opted-Out...any chance I can get my money?

[SueEllen]

Hi yes he definitely seemed to be 'tulipting it' on the phone...voice all shaky and nervous


Another strange thing about this agency was, they would always insist on paying my personal bank account..I told them that I wanted them to pay my LTD business account..they reluctantly acknowledged the email but then continued to pay my personal account..

I asked them about 3 times in total not to do this..eventually gave up...Any ideas why they would be avoiding paying a business account?

Some sort of VAT scam where they pocket the difference between what they get from the clients and pay you instead of passing it over to HMRC?

One time they told me 'paying business accounts is risky for us, and we will need proof that the business is linked with the bank account'..which I provided

Don't know they must be doing something wrong as unless you work for a bank there is really no way you would know what account numbers are assigned to what type of account.

(OK I know for some banks you can find out the range of numbers.)

I would report them to HMRC anonymously just in case i.e. here or here

I would have never let them pay my personal account I would have demanded a cheque for my business account, and spoke to HMRC VAT about them.

[Wanderer]

Another strange thing about this agency was, they would always insist on paying my personal bank account..

That's bizzare. I wouldn't feel bad about burning my bridges with this shower of tulip agency....

[northernladuk]

I hope your accountant has managed to square this one for you already otherwise you can expect a whole lot more bother than just chasing a bad debt.

How did they get hold of your personal account details?

WHS with an extra couple of 's on the end.

So how did you manage that situatio? Put it in to the business account yourself or just use your personal one like your business one? This sounds like an utter disaster but surely you have it sorted.

[LisaContractorUmbrella]

Hi yes he definitely seemed to be 'tulipting it' on the phone...voice all shaky and nervous

Another strange thing about this agency was, they would always insist on paying my personal bank account..I told them that I wanted them to pay my LTD business account..they reluctantly acknowledged the email but then continued to pay my personal account..

I asked them about 3 times in total not to do this..eventually gave up...Any ideas why they would be avoiding paying a business account?

One time they told me 'paying business accounts is risky for us, and we will need proof that the business is linked with the bank account'..which I provided

Does beg the question - you gave them your personal bank details why???????

[Contreras]

Another strange thing about this agency was, they would always insist on paying my personal bank account..I told them that I wanted them to pay my LTD business account..they reluctantly acknowledged the email but then continued to pay my personal account..

I asked them about 3 times in total not to do this..eventually gave up...

I hope your accountant has managed to square this one for you already otherwise you can expect a whole lot more bother than just chasing a bad debt.

How did they get hold of your personal account details?

[jonson]

That was a quick response I nearly missed it.

It's strange how agencies roll over when there is a threat of getting legal.

Hi yes he definitely seemed to be 'tulipting it' on the phone...voice all shaky and nervous

Another strange thing about this agency was, they would always insist on paying my personal bank account..I told them that I wanted them to pay my LTD business account..they reluctantly acknowledged the email but then continued to pay my personal account..

I asked them about 3 times in total not to do this..eventually gave up...Any ideas why they would be avoiding paying a business account?

One time they told me 'paying business accounts is risky for us, and we will need proof that the business is linked with the bank account'..which I provided

[Old Greg]

Just an update guys, sent a letter through Thomas Higgins (email+letter option), agency were straight away on the phone to me asking why I was being so aggressive...they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...if only I had a penny for every time I heard that one...I said I just want to be paid for the work I did, hardly a reason to bitch about someone to others....

so anyway I guess it worked...it's not like they are going to work with me anyway, take or leave the money, so I guess I'll take it...I also signed up my loyal clients to me directly, by registering as a supplier..there was only 1 client I didn't want to loose tbh, the rest were not worth it

Well done.

Stick in a subject access request under the Data Protection Act to round it all off.

[SueEllen]

Just an update guys, sent a letter through Thomas Higgins (email+letter option), agency were straight away on the phone to me asking why I was being so aggressive...they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...

That was a quick response I nearly missed it.

It's strange how agencies roll over when there is a threat of getting legal.

[Wanderer]

they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...

"You'll never work in this town again".

Yeah, whatever. I betcha they will be straight back as if nothing happened if another job comes up.

[NotAllThere]

......they said they would pay me the money but wouldn't work with me again unless they could make money out of it

FTFY

[jonson]

Just an update guys, sent a letter through Thomas Higgins (email+letter option), agency were straight away on the phone to me asking why I was being so aggressive...they said they would pay me the money but wouldn't work with me again..They also said it would be hard for me to find work again...if only I had a penny for every time I heard that one...I said I just want to be paid for the work I did, hardly a reason to bitch about someone to others....

so anyway I guess it worked...it's not like they are going to work with me anyway, take or leave the money, so I guess I'll take it...I also signed up my loyal clients to me directly, by registering as a supplier..there was only 1 client I didn't want to loose tbh, the rest were not worth it

[Contreras]

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

You might be surprised how easily your opponent rolls over faced with a genuine threat of legal action.

If you really can't be bothered to be dealing with it yourself then hand it over to a no-win-no-fee debt collection agency and let them do the chasing while you get back to fee earning. (I can suggest one such outfit but won't spam their details here).

[psychocandy]

Fire off a small claim for little cost easy enough and then sit back and see what happens.

When similar happened to me they just ignored it and a court date was set. No skin off my nose, to drive the few miles to my local court.

Didnt stop the agency trying to threaten me the day before that they were going to turn up with a team of lawyers and sue my ass (its small claims court you cant claim 'costs'). As if they were ever going to bother for £400 or whatever it was.

In the end, turned up at court, no sign of agency or their team or lawyers, just a fax they'd sent to the court saying they'd pay up plus costs. Judge was great - advised me how I could freeze their accounts, send the bailiffs in if they didnt pay up. But they spolit my fun and paid up or it could have been a blast!

[TheFaQQer]

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

So if I opted out, is it the agency or the client I take to small claims? If it's a limited to limited company service...maybe its the client I should be chasing no?

Who is your contract with? I'd guess that you might be able to name both companies as joint defendants, but don't know.

I'd check carefully the status of the opt-out, regardless of whether the agency says you are opted out or not.

[jonson]

Bearing in mind the recent IR35 questions, would it not make sense to at least make a token effort to retrieve it and look 'more like a business'?

yeah I will attempt of course, just don't plan on winning easily..but you never know, stranger things have happened...

So if I opted out, is it the agency or the client I take to small claims? If it's a limited to limited company service...maybe its the client I should be chasing no?