Reply to: Client not signing my final timesheet and making a false accusitions

[Old Greg]

Yes, I did Invoice the agency.

No, I haven't Oped Out.

Drop Safe Collections a note. They're a good bunch.

[Motorola]

As others have said invoice the agency. Your contract is with them.

Also what is your status in respect of the agency regs, opted out?

No, I haven't Oped Out.

[Motorola]

You have invoiced the agency haven't you?

Yes, I did Invoice the agency.

[Andy Hallett]

As others have said invoice the agency. Your contract is with them.

Also what is your status in respect of the agency regs, opted out?

[Old Greg]

Thank you everyone for answers.
Will just chase the agency for the payment. It's sad that Client acting this way (and probably will do same thing in a future).

You have invoiced the agency haven't you?

[Lance]

Yeah - you'll note that I did first mention liability insurance? PI was in brackets.

If you don't have public liability insurance, you really should have.
Almost certainly not.
They tell yourco - hey, you've caused damage to our equipment, cough up. You then hand it over to your insurer. Or you give them your insurance details and they claim against your insurance. If you insurer than decides there is no claim, the only option the client have is to ask you to settle, and if you won't, sue your company directly.

The point is that the OP needs to separate the damage claim from the unpaid invoice. One way to do this is to tell the client to claim against his insurance.

It wouldn't surprise me if the client were trying it on just to avoid paying the last invoice.

Public liability insurance is no use for client's damaged equipment. They're not 'public'. They're a named entity in the contract you have with the agency.
In your example of a person tripping over the laptop, PL could pay out to the person who bruised their toe on the laptop.

And yes. We've already agreed that payment for services is separate to the 'damages'. It almost certainly is an attempt to avoid payment, just not a very good one. either naive or assuming a level of naivety in the OP.

[BlasterBates]

That’s not covered by PI. I don’t think I have any business insurance that would cover that. My household insurance might.
In any case, how would the client pursue you/yourco for it?
They wouldn’t. They would either have their own insurance, or more likely they’d have to accept the loss.
A client might try it on, but I doubt they’d be able to make a successful claim directly against your CO.

I was burgled a few years ago. Client’s laptop was stolen. They were more bothered about whether it was fully encrypted and that my password wasn’t on a post it note. Doesn’t really prove or disprove anything but reflects the more likely posture of most clients.

Clients usually pay a monthly fee per work station so broken or lost Laptops make no impact on their budget.

[NotAllThere]

That’s not covered by PI.

Yeah - you'll note that I did first mention liability insurance? PI was in brackets.

I don’t think I have any business insurance that would cover that.

If you don't have public liability insurance, you really should have.

My household insurance might.

Almost certainly not.

In any case, how would the client pursue you/yourco for it?

They tell yourco - hey, you've caused damage to our equipment, cough up. You then hand it over to your insurer. Or you give them your insurance details and they claim against your insurance. If you insurer than decides there is no claim, the only option the client have is to ask you to settle, and if you won't, sue your company directly.

The point is that the OP needs to separate the damage claim from the unpaid invoice. One way to do this is to tell the client to claim against his insurance.

It wouldn't surprise me if the client were trying it on just to avoid paying the last invoice.

[Lance]

While travelling on company business, a random member of the public trips over your carelessly placed laptop bag...

Think about it.

That’s not covered by PI. I don’t think I have any business insurance that would cover that. My household insurance might.
In any case, how would the client pursue you/yourco for it?
They wouldn’t. They would either have their own insurance, or more likely they’d have to accept the loss.
A client might try it on, but I doubt they’d be able to make a successful claim directly against your CO.

I was burgled a few years ago. Client’s laptop was stolen. They were more bothered about whether it was fully encrypted and that my password wasn’t on a post it note. Doesn’t really prove or disprove anything but reflects the more likely posture of most clients.

[Motorola]

Thank you everyone for answers.
Will just chase the agency for the payment. It's sad that Client acting this way (and probably will do same thing in a future).

[NotAllThere]

You might be right. but I’m not sure how the client sues a supplier they have no commercial relationship with...

While travelling on company business, a random member of the public trips over your carelessly placed laptop bag...

Think about it.

[Lance]

Rubbish. If client employee trips over my laptop bag and breaks their leg, the client sues my company, not the agency. because it was an employee of my company that caused the accident.

The agency is not involved in this.

You’re rubbishing my second point not the first. Been a long day drinking in the sun?

You might be right. but I’m not sure how the client sues a supplier they have no commercial relationship with... they might not even know the company name, so who do they sue?

[NotAllThere]

Second paragraph. Not.
1) Don’t advise the agency what to tell the client. It’s not your business.

Rubbish. If client employee trips over my laptop bag and breaks their leg, the client sues my company, not the agency. because it was an employee of my company that caused the accident.

The agency is not involved in this.

[Lance]

Go through the dunning process. The payment of invoices is entirely separate to any damage you might have done for equipment. It is not legal to withhold payment in these circumstances.

In the meantime, you might advise the agency to tell the client to pursue their claim for damages against your company's liability insurance (or professional indemnity).

First paragraph. Correct.

Second paragraph. Not.
1) Don’t advise the agency what to tell the client. It’s not your business.
2) don’t suggest anything about pursuing for damages. If the client want to they can pursue the AGENCY for damages and the agency then pursue you.
3) PI is cover against mistakes made in a professional capacity, not damage to clients equipment. There might be some insurance cover for equipment damage but it’s unlikely to cover clients equipment.

[NotAllThere]

Go through the dunning process. The payment of invoices is entirely separate to any damage you might have done for equipment. It is not legal to withhold payment in these circumstances.

In the meantime, you might advise the agency to tell the client to pursue their claim for damages against your company's liability insurance (or professional indemnity).