Reply to: Just a moan

[Troll]

Oh no it's not. Read "Blackstone's Civil Practice 2006"

Can't be arsed... could you please summarise, especially the bits about 'consideration'

[TheMonkey]

If you're working for a certain mega-hated group of agencies, you'll have problems with the payroll department. I've threatened to walk twice and subcontract for £0 through another contractor's Limited (as the exclusivity deal is void then!) Worked wonders!!

[boredsenseless]

It's not what I consider it to be that's important, it's what the courts consider it that matters.

They consider late payment as a minor breach. Of course the company still owe you the money. Of course you can claim interest, but you most certainly cannot use one incidence of late payment to void the contract, which is the point I was making.

tim

Tim is right, if you could prove they did not intend to make the payment at all then they are in breach, otherwise they are only in default which at most attracts a small fine, obviously compounded defaults would make a breach.

Think of it this way, if you had a mortgage (i.e. providing services in exchange for cash) and the customer did not pay the monthly repayment would you think it okay for the bank to repossess the next day. After all it is a breach of contract!!! No didn't think so, but if the customer continually made no attempt to pay at some point it would be acceptable.

[tim123]

<snigger> tell me then what you would consider a 'major' breach?

It's not what I consider it to be that's important, it's what the courts consider it that matters.

They consider late payment as a minor breach. Of course the company still owe you the money. Of course you can claim interest, but you most certainly cannot use one incidence of late payment to void the contract, which is the point I was making.

tim

[Paddy]

Any delay in payment is fundamental breach of contract = walk away

Oh no it's not. Read "Blackstone's Civil Practice 2006"

[Cliphead]

Amending contracts is a recipe for disaster. If I were you, I'd be adding late payment penalties and interest to my invoices in accordance with the legislation (http://www.payontime.co.uk/).

HTH...

Good point! Thanks for the link. They're bound to FU again so I'll be looking closely at this.

[ratewhore]

Amending contracts is a recipe for disaster. If I were you, I'd be adding late payment penalties and interest to my invoices in accordance with the legislation (http://www.payontime.co.uk/).

HTH...

[Mordac]

Regressive...

tulipty stick alert...

[Cliphead]

Say no more...

London office, BTW?

Seems to have bounced around all of the offices.

[Flubster]

Say no more...

London office, BTW?

[Cliphead]

Name and shame...

Regressive...

[Troll]

No it is not, it is a minor breach.

tim

<snigger> tell me then what you would consider a 'major' breach?

[Flubster]

Name and shame...

[Cliphead]

Yesterday I threatened to walk off the site if it wasn't sorted out and was backed up by my line manager and HR (for a change). That seemed to work as I can now use a manual system to process timesheets. My argument was that 3 months into a contract is ample time for the agency to sort its mess and any delay in payment is unacceptable. The problem all stems from the fact the agent 'self-approved' the contract amendments without consulting me or HR.

[BoredBloke]

Being paid for the work I do is fundamental to me doing the work. If they don't pay me then I would see that as being a fundamental breach of contract.

But if you are not prepared to use that approach then it is easy to see why the agency is messing you about. From their point of view, I guess the interest is better in their account rather than yours.