Reply to: Trouble already - first contract.

[Mr Panda]

simply trying it on

Spot on IMO. TBH I think that's how they earn a good chunk of easy cash. Usually they'll invoice a large corp (rather than a lowly ltd contractor) who don't question it and just pay, then maybe they'll claim it back on their insurance as well? Double whammy and not a bad little earner.

[LondonManc]

Believe it's as simple as they waived the charge. Presumably they would jeopardise future work with the agency otherwise.

Been a valuable lesson anyway, fortunately not an expensive one.

They probably had no evidence or were simply trying it on and hoped you'd panic.

The way that you've handled the debt with the agency showed that you've got your head screwed on (while you didn't know yourself, you've researched properly) so they probably figured they couldn't bully you into submission.

[Mr Panda]

Any news on the damages? I'm guessing the agent are in the clear, which is why the relationship is still civil (and why they've paid up without too much complaint).

Believe it's as simple as they waived the charge. Presumably they would jeopardise future work with the agency otherwise.

Been a valuable lesson anyway, fortunately not an expensive one.

[LondonManc]

Seems the letters hit the spot and they finally paid up! Thanks for the top advice all.

Managed to maintain a civil relationship with the agency also so that's a bonus!

Thanks for the updates on the case and well done.

Any news on the damages? I'm guessing the agent are in the clear, which is why the relationship is still civil (and why they've paid up without too much complaint).

[Mr Panda]

Seems the letters hit the spot and they finally paid up! Thanks for the top advice all.

Managed to maintain a civil relationship with the agency also so that's a bonus!

[LondonManc]

The agency have taken the full cost of 'damages' out of my fee, with no further updates and without my consent. I am fuming.

Do I still follow the dunning process or is this a straight out send in a debt collection agency or court action?

It's illegal. Tell them such in an email and that you will be pursuing this legally.

[northernladuk]

The agency have taken the full cost of 'damages' out of my fee, with no further updates and without my consent. I am fuming.

Do I still follow the dunning process or is this a straight out send in a debt collection agency or court action?

Nat says dunning, I say solicitor but IMO they've made their decision so can't see how writing a couple of letters is going to change that so time to start going legal. I couldn't see it going any other way which was why I chose solicitors straight off. Can't see debt collection being useful at this point but never used one.

[Mr Panda]

The agency have taken the full cost of 'damages' out of my fee, with no further updates and without my consent. I am fuming.

Do I still follow the dunning process or is this a straight out send in a debt collection agency or court action?

[psychocandy]

With everyone else on this one. Stop arguing with them on the phone.

If they dont pay the invoice, take the necessary steps. Its unrelated to the damage issue.

Leave them deal with the damage issue. If it does come back to you then take it from there. But I cant see how something hired to a client, can be passed onto you unless they can prove you were negligent?

[Contreras]

For the sake of maintaining good relations with the agent (he has been amicable prior) ...

Stop worrying about this.

Either you dispute the damage or you don't. If you dispute it then stay firm and chase for payment.

The agent seems to be accepting your case anyway. Show yourself as a business and be respected as one.

[NotAllThere]

Dunning does take time, but it demonstrates that you have been reasonable, should it go to court.

[northernladuk]

Solicitor's letter only need say that withholding payment for the work done is unlawful. Then just invoice until not paid on time. Dun for a few weeks, then go legal.

Frankly I wouldn't bother with the solicitor's letter until I hadn't had my invoice paid on time and dunning had failed to get the money.

Hmm. I'd assumed when he said withholding that the payment was already late. With three parties involved and no paperwork I can see this one being a mare. I still can't help think going in big first would help. Dunning will take time and likely to fall on deaf ears if the agent will be left with a liability.

[Mr Panda]

Just want to say thanks for all advice so far.

[LondonManc]

One last step via email for me to give them a chance before legal route (and save yourself cash):

"Agent,

Thank you for your call of xxxx date at yyy time. My understanding from the call is that it is your intention to withhold some of my invoice due to the ongoing dispute over the damaged equipment. Please note that legally these must be treated as separate items and as such you are required to pay me in full for the work that I have already completed. Whilst I understand your predicament, if this matter is not resolved by (insert reasonable deadline here) you will unfortunately leave me with no option but to commence legal means of recovering that which is owed.

Best regards,
Mr Panda"

[NotAllThere]

Solicitors letter time then. Should only cost you a few tens of pounds. Should be pretty straightforward if there is no mention of the lit being liked to payment.

Solicitor's letter only need say that withholding payment for the work done is unlawful. Then just invoice until not paid on time. Dun for a few weeks, then go legal.

Frankly I wouldn't bother with the solicitor's letter until I hadn't had my invoice paid on time and dunning had failed to get the money.