Reply to: Client dodging signing timesheet

[MrMarkyMark]

Unfortunately the number of "tell them how big your yacht is" or "it must be depressing having to pay a mortgage over the age of 35" posts far outweigh the "client haven't paid me for 30+ days oh no help me" posts - don't think CUK is a good place for HMRC sympathy

<Placeholder for pr1 being bumped for his invoice>

[pr1]

Can someone get Gideon to read this thread (and many more like it) disguised employees my ar$e..

Unfortunately the number of "tell them how big your yacht is" or "it must be depressing having to pay a mortgage over the age of 35" posts far outweigh the "client haven't paid me for 30+ days oh no help me" posts - don't think CUK is a good place for HMRC sympathy

[MrMarkyMark]

Can someone get Gideon to read this thread (and many more like it) disguised employees my ar$e..

Hopefully some, on here, will read it.

The new ones, the poor little dears, think there is no risk in the game

[SlipTheJab]

Hi Everyone,

Sorry for the delayed reply, as of today the client has point blank refused to sign any of the timesheets for anyone that worked for them on this project(4 contractors ) stating that they were unhappy with the work. I know for a fact, because I was there, that the end client that we were delivering this software for IS happy and that there are some very minor blockers for the piece of work to go live.

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

Can someone get Gideon to read this thread (and many more like it) disguised employees my ar$e..

[SueEllen]

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

Depends what your contract says.

Depends if you opted out properly

Depends if you have any other proof that the work was OK

Personally I would invoice the agency, see what happens and follow Dunning if necessary.

BTW I've had an client try that on with me. However I made sure I copied some message that proved I had done the work they claimed I hadn't and that there was no issues with it plus my contract didn't rely on the timesheet to get paid.

[SussexSeagull]

Would it help to ask what is wrong and offer to fix it?

[psychocandy]

Hi Everyone,

Sorry for the delayed reply, as of today the client has point blank refused to sign any of the timesheets for anyone that worked for them on this project(4 contractors ) stating that they were unhappy with the work. I know for a fact, because I was there, that the end client that we were delivering this software for IS happy and that there are some very minor blockers for the piece of work to go live.

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

That old chestnut. Not the first and wont be the last client to try this one on.

They're possibly thinking of a way to get some cracking work done for free. Tell contractor it was crap and you're not paying. They think no timesheet and they're in the clear. Very poor way to do business but it happens.

Happened to me once for just a one-day gig. Complete stitch up.

If it was me I'd be getting the invoice in and claim if necessary. Might work for your favour that there were 4 of you. If you're the only one to pursue it they might pay you to go away knowing they've got a bargain still by only paying one person.

[TheFaQQer]

Are you certain that you opted out, in writing, before being introduced to the client? Because if not, then you invoice the agency and chase when they don't pay.

If so, then you need to go back to the client and get them to sign the timesheet, or you push the agency to push the client - because otherwise you aren't getting any money.

[Safe Collections]

Hi Everyone,

Sorry for the delayed reply, as of today the client has point blank refused to sign any of the timesheets for anyone that worked for them on this project(4 contractors ) stating that they were unhappy with the work. I know for a fact, because I was there, that the end client that we were delivering this software for IS happy and that there are some very minor blockers for the piece of work to go live.

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

You still have recourse, but it will be significantly more challenging to pursue your claim and much will rest on the specifics within your contract. If you have any legal cover now would be a good time to have your contract reviewed.

As far as the agency goes, what if anything are they saying in relation to this situation? Presumably they wont want to be left out of pocket either...

[WTFH]

Hi Everyone,

Sorry for the delayed reply, as of today the client has point blank refused to sign any of the timesheets for anyone that worked for them on this project(4 contractors ) stating that they were unhappy with the work. I know for a fact, because I was there, that the end client that we were delivering this software for IS happy and that there are some very minor blockers for the piece of work to go live.

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

OK, so you were not working through an agent to the client, but it was:


End Client - Contractor - Agent - You.




And who is telling you that the Contractor is refusing to sign? Is it your agent?


Also, what have you "opted out" of? Is it the working time directive or the conduct of employment agencies?


Name & shame the contractor and the agent!

[marcfielding]

Hi Everyone,

Sorry for the delayed reply, as of today the client has point blank refused to sign any of the timesheets for anyone that worked for them on this project(4 contractors ) stating that they were unhappy with the work. I know for a fact, because I was there, that the end client that we were delivering this software for IS happy and that there are some very minor blockers for the piece of work to go live.

I am at a complete loss as to what to do here, for instance had it been a direct client I would be issuing court papers, but it seems through an agency, opted out, without a signed timesheet I have absolutely no recourse?

[WTFH]

Are you still working for the client? If not, is there any particular reason why? When did you start working for them?


When you say you worked "88 hours straight", do you mean you were on site for almost 4 days non-stop? If so, how did you run up lots of personal expenses?


When you say the week before Christmas, do you mean the week of the 14th or the 21st?


Is the timesheet system paper based? Is it a timesheet produced by the client or is it something on the agent's system?


Is the person who approves the timesheets back in the office since Christmas?


How many phone calls/emails have you made (successfully or unsuccessfully) to the client?

[LondonManc]

You're a business; you're not directly on ClientCo's payroll. What were the payment terms in the contract that you signed? Obviously if you've finished your engagement with a particular client, it's nice to get the paperwork all closed off (hindsight is a beautiful think and next time you'll get it signed off as part of the goodbye handshake when you exit the site) asap but you shouldn't worry at the moment. That is, unless you've not told us that they are point blank refusing to sign off the timesheet.

[MrMarkyMark]

Given that I incurred a large personal cost travelling to the client site this has left me in a complete mess, to be clear I appear to have been opted out and am a Limited Company contractor.

What would be the best approach to get the agency to pay, in my view it's their client, their introduction, their problem?

Kind Regards


Marc

How can this have left you in a complete mess?
You should be getting the agency to help you with this, IMO.

However, I concur, that the time of year, may mean time sheet authorisations, have not been done.
I, also, would not be sweating at this stage, all sorts of things slow down, at this time of year.

[northernladuk]

Hi Everyone,

I find myself in a very awkward situation which to be honest is a first for me.

I worked for a client the week before Christmas and ended up doing nearly 88 hours straight on a day rate in an effort to help them get things on track. I submitted my timesheets the following day and noticed today that they were WAY over due to be signed, the end client is now ignoring my phone calls and the agency is saying that unless they can get them to sign a timesheet I can't be paid.

Given that I incurred a large personal cost travelling to the client site this has left me in a complete mess, to be clear I appear to have been opted out and am a Limited Company contractor.

What would be the best approach to get the agency to pay, in my view it's their client, their introduction, their problem?

Kind Regards


Marc

What do you call WAY overdue? I finished work on the 18th and my signing manager still hasn't been back in yet. It might have been worth asking about peoples availability while you were there over a break such as xmas. I wouldn't be surprised if the signing manager has only just got back in and probably doesn't know if he's coming or going first few days back. I certainly don't.

Not sure what incurring a large personal cost has to do with it either. It's part of contracting and you can expense it through the company. Has the company got no money in it to submit the expenses or something? This the first every gig this LTD has done and there is zero cash in the bank? All you've got here is a cash flow issue, not the disaster you are pertaining to.

IMO at this point in time it's not the best situation but it's not what you are making out to be. Someone is late signing/paying in a B2B contract... well there is a first... NOT.

I'd have my invoice in to the agent the day I finished regardless of time sheet situation. It's possible they may pay the agent without a signed timesheet so at least you've got that covered. I'd then be dunning the agent asking about it. Remember he's not been paid as well so for once is actually on your side here. I'd, within reason, keep on at the client as well.

I'd be giving it a week or two before I really start sweating. When it get's to that point I'd then be looking at the payontime.co.uk website and using some of the terminology they use in a letter, such as 'The late payment of commercial debts regulations 2013' and so on to show I mean business and know what I am talking about. That will also make them sit up and take notice.

From what I read in the original mail there is nothing to start getting too upset about just yet. There is a lot more going to up your blood pressure in contracting than timesheets signed a little late, particularly when you've indicated all hell is breaking lose to get back on track.