Reply to: Agency want me to pay money back that they've already paid me

[Drei]

What was your contractual notice period?

Sorry mate my bad for reviving an older post. I was keen to find out what happened. Lessons learnt, would be nice to know just in case it happens to one of us. OP didn't really follow-up on this even though lots of people replied.

[Pondlife]

I recently left a contract after, shall we say, a "falling out" between myself and a line manager at Client Co. I informed the ClientCo and agency immediately of my intention to leave in two weeks as I found another (and better gig) and even worked a couple of weeks notice. I was paid up for the time I worked and I thought that was that.
Now the agency are claiming that ClientCo are refusing to pay them for my last month of services and want me to repay the money they have paid me for that month.

Just wondering where I stand on this? Has anyone experienced anything like this before?


Thanks

What was your contractual notice period?

[Drei]

Was interested in knowing on what grounds they decided to refuse but looks like the OP just fired off the question then left it, makes you wonder.

[Andy Hallett]

I recently left a contract after, shall we say, a "falling out" between myself and a line manager at Client Co. I informed the ClientCo and agency immediately of my intention to leave in two weeks as I found another (and better gig) and even worked a couple of weeks notice. I was paid up for the time I worked and I thought that was that.
Now the agency are claiming that ClientCo are refusing to pay them for my last month of services and want me to repay the money they have paid me for that month.

Just wondering where I stand on this? Has anyone experienced anything like this before?


Thanks

On what grounds are they claiming that you must repay?

The client refusing to pay them is not your issue if you have conformed to YOUR contract with the agency.

[NotAllThere]

...pay me...

I think it is fairly obvious that "the agency pay me" is shorthand for "the agency pay my ltd company" or "the agency pay my brolly".

[SimonMac]

The agency is trying it on. There are clauses in the contract which means the client or agency can get rid of you immediately. The OP told the client they were leaving and the client could have complained when the notice was served but didn't.

They may be trying it on, and by the sounds of it they certainly are, but when it gets messy it will some to down whats in the contract, and if the contract says the OP has to give a months notice and only gives two weeks he is in breach.

Many people have asked what his contract says, I assume to see if the agents has breached, playing devils advocate one has to also make sure the contractor has done things be the letter too

[northernladuk]

...pay me...

Riiiiiiight.

[Scruff]

It does??? How?

...pay me...

[SueEllen]

The only possible thing that could go against you is if you didn't serve the full notice in your contract.

The agency is trying it on. There are clauses in the contract which means the client or agency can get rid of you immediately. The OP told the client they were leaving and the client could have complained when the notice was served but didn't.

[SueEllen]

Just wondering where I stand on this? Has anyone experienced anything like this before?

If you have done the work and the timesheet is signed tell the agency to foxtrot oscar. Do this in writing. Be polite but firm.
Then do not correspond with the agency again.

If they phone you up, interrupt them and tell them to put any requests in writing then put the phone down on them.

If they are deadly serious they will open up a court case. This they won't want to do as it's likely their contract with you is a complete mess.

[SimonMac]

I recently left a contract after, shall we say, a "falling out" between myself and a line manager at Client Co. I informed the ClientCo and agency immediately of my intention to leave in two weeks as I found another (and better gig) and even worked a couple of weeks notice. I was paid up for the time I worked and I thought that was that.
Now the agency are claiming that ClientCo are refusing to pay them for my last month of services and want me to repay the money they have paid me for that month.

Just wondering where I stand on this? Has anyone experienced anything like this before?


Thanks

The only possible thing that could go against you is if you didn't serve the full notice in your contract.

[SlipTheJab]

Dunno TBH. This is assuming he has membership. They have IR35 representation but I don't know about just contract lawyers.

A lot would depend on how much we are talking here. Not a chance they will chase 5-10k through a lawyer. They might if they are paid more I dunno. I've never seen a case where their factoring solution has shot them in the foot so it's new ground. But as was said. It's up to the agency to recover from the client not contractor. They are just picking on him as he is a softer touch than the client. Just don't be the soft touch.

+1, tell em to shove it

[northernladuk]

Could IPSE help here?

Dunno TBH. This is assuming he has membership. They have IR35 representation but I don't know about just contract lawyers.

A lot would depend on how much we are talking here. Not a chance they will chase 5-10k through a lawyer. They might if they are paid more I dunno. I've never seen a case where their factoring solution has shot them in the foot so it's new ground. But as was said. It's up to the agency to recover from the client not contractor. They are just picking on him as he is a softer touch than the client. Just don't be the soft touch.

[SlipTheJab]

Yep and no. Payment problems happen a lot when there is a dispute and the contract comes to a messy end. The contractor is at the end of the gravy train so the one that is left out in the cold. That said I've never seen someone paid and then being asked for the money. Normally the agent withholds the money.

So... Forgetting all the factoring/what's in contract yadda yadda I can't help feeling they are on a wish and prayer here as you have the money with possession being 9/10ths and all that so the quick answer is to tell them to speak to your solicitor and you'll see them in court and don't respond to single correspondence again.

Take that approach and if they do sound deadly serious and it starts to go legal then get yourself a contract specialist. It could get messy.

Could IPSE help here?

[dx4100]

If I had a signed off timesheet or such like, was opted in, had actually done the work requested and had served them the notice period in full and correctly with an email chain.

I would simply tell them you are keeping the money and speak to my solicitor. Its up to them to go after the client in that situation and no judge is going to say otherwise, in my uneducated opinion.

If some of the above isn't the case then it might be a bit more complex.