Whooly final invoice payment date - horrible contract clause...

[Dominic Connor]

Do you have the name of the person who deals with contracts at the client?

If so tell the agency by email that if they don't contact you about payment today you will get in touch with that particular person to advise them that the agency are refusing to pay their subcontractors on time.

That's a good idea, aoften there is a clause in the contract the agent has with the client that says the agent must pay contractors on time. Easy to see why, the client doesn't want the hassle or contractors walking off because they haven't been paid.

Agencies do go bust, sometimes owing contractors real money and that's a serious bit of grief for any outfit that uses contractors and of course looking like you might go bust is a good way to actually go bust, so the threat of a call to the client has teeth.

[Wanderer]

Just contacted the programme manager from old gig and apparently thyey've paid the agency...

Ahh, the good old "last invoice not paid" trick.

Sounds like they are bang to rights so send them an invoice for interest and penalties or hand it to a collection agency to deal with.

[SueEllen]

Just contacted the programme manager from old gig and apparently thyey've paid the agency...

Do you have the name of the person who deals with contracts at the client?

If so tell the agency by email that if they don't contact you about payment today you will get in touch with that particular person to advise them that the agency are refusing to pay their subcontractors on time.

I also sent you a PM.

[TheFaQQer]

Just contacted the programme manager from old gig and apparently thyey've paid the agency...

So now ask the agency for the specifics of when you'll be paid.

[Jog On]

Just contacted the programme manager from old gig and apparently thyey've paid the agency...

[SueEllen]

Does your contract clearly state "calendar days"?

Some agencies try and catch you out by actually meaning "working days" but pay you earlier throughout the contract until the last invoice when they are a bit lax.

[TheFaQQer]

Am I stuffed if they decide not to pay? All timesheets have been approved...

Look like it, if you were correctly opted out.

[Old Greg]

opted out

By tradition we should ask whether the opt out is valid. When did you sign it -before or after interview?

[Jog On]

What is your opt in/out status?

opted out

[northernladuk]

What is your opt in/out status?

[Jog On]

Probably learnt a lesson about reading the contract fully before signing... Final invoice for last gig was sent on 26/04 and it was my 7th month in a public sector gig. There was an enforced rate change for going over 6 months which the agency have had to swallow.

All invoices prior to this were paid promptly within 30 days, this one I'm being told will have to wait until end client have paid agency, they have told me 48 days for end client and to expect it after then - no specific date. have asked for a specific date which has been met with silence. Reading back through my last extension contract found this rather horrendous looking clause:

[Agency] will process payment of the Fees on a monthly basis upon receipt of a valid invoice, which is supported by time sheets or project reports completed by the Supplier/Contractor and signed by the Client. Should the client fall into arrears of sixty days or more then [Agency] shall, at its discretion, make payment once payment has been received by the client. On completion of the assignment period the last payment shall be made once the payment has been received from the Client.

Am I stuffed if they decide not to pay? All timesheets have been approved...

Safe Collections have been contacted and are standing by...