Reply to: Next Ventures: agency does not pay to contractor.

[WTFH]

Closing this thread. The OP is deliberately avoiding answering questions that would help solve the problem.
If they don’t want help, then there’s nothing we can do to change that.

[fre92]

I asked a couple of simple questions, but you seem reluctant to divulge what should be simple information.

I thought, simple information looks like: "keep in mind, Her Majesty granted you only three days for claiming your money, and then at the stroke of midnight, it turned back into a pumpkin", not asking how and when you met the client, how much money he has, where he keeps the keys from his treasury...

It makes a big difference the exact dates that events happened, and the dates on paperwork.

That's why I answered: "last day of month". Every month.
As soon as the event of end of (calendar) month happened, the last day (evening) I do all the paperwork and submit all the due papers to the agency. First month, last month and any intermediate is not an exclusion. Why this simple routine makes such a big difficulties for a good answer? (BTW, to what question, I asked a feu.)

I've not even asked you how you submit the information to the client for signature, and how the client or you submit the timesheets to the agent, and likewise how you submitted your timesheets.

Why? That's quite generic questions, as much as possible nowadays is done electronically, and I keep all tracks and confirmations, if it (question) does really matter.
Well, I at least supposed every contractor does the same.

It may also make a difference if you are on monthly or weekly billing, and if it's monthly, is it calendar month or 4 week periods.

In continental Europe it is usually monthly billing, by calendar month.
At least, I have never seen neither heard about other options.

[WTFH]

I'm happy to be proven wrong but my understanding is that a clause like this is not enforceable unless the contractor has explicitly agreed to be outside the Agency Worker Regulations, and agreed to that prior to introduction to the client.

You are correct, I believe.
But there's a lot of confusing comments and the flow of the contract seems odd - perhaps that is why NV are having issues - we've not even established currencies or anything like that yet.
The responses from fre92 seem vague. Did the contract start 4 months ago, or finish 4 months ago? How long did it run on for?
When asked a question they don't like, the response appears to be "why should I have to do that?"

I've done my best to be polite in responses, and rather than diving in with an answer which may be incorrect, I've tried to ask questions that might draw us towards giving a good answer. I am not suggesting fre92 is trying to commit any kind of tax evasion or terrorist sympathiser, but they seem to think that by asking for exact dates of when something happened, that I am somehow making that accusation.

[WTFH]

Sorry for impoliteness but you again did not elaborate what matter the exact date does. Are there any legal restriction when I can claim my money?
Saying "last day of month" I mean there was no retard from my side. Does it make any difference was it 31st of August or 28th of February?

I asked a couple of simple questions, but you seem reluctant to divulge what should be simple information.
It makes a big difference the exact dates that events happened, and the dates on paperwork.
I've not even asked you how you submit the information to the client for signature, and how the client or you submit the timesheets to the agent, and likewise how you submitted your timesheets.
It may also make a difference if you are on monthly or weekly billing, and if it's monthly, is it calendar month or 4 week periods.

Dieu est dans les détails

[fre92]

I'm happy to be proven wrong but my understanding is that a clause like this is not enforceable unless the contractor has explicitly agreed to be outside the Agency Worker Regulations, and agreed to that prior to introduction to the client.

Thanks.
I can assure you in France such a clause is negligible, but I am aware the legal systems are different.

I am quite upset why members, who are supposed to be contractors like me and you, instead of sharing some information they have, not any specific secret know-how but probably publicly available, do instead question me as if I am tax evader, money loundrer, al qaeda sponsor and mentally challenged at the same time.

[fre92]

"Last day of the month" is not a date. 29/09/22 is a date. 15/08/21 is a date.

He asked WHAT DATE, not when in the month. The date.

Sorry for impoliteness but you again did not elaborate what matter the exact date does. Are there any legal restriction when I can claim my money?
Saying "last day of month" I mean there was no retard from my side. Does it make any difference was it 31st of August or 28th of February?

Makre sure you've read your contract. If your English isn't so strong get someone else to read it for you.

Seems it is not your strengh either:

Just curious: what makes you thinking I did not?

Well, I find THIS forum very strange, really.

[Snooky]

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.

I'm happy to be proven wrong but my understanding is that a clause like this is not enforceable unless the contractor has explicitly agreed to be outside the Agency Worker Regulations, and agreed to that prior to introduction to the client.

[fre92]

Have you invoiced them yet? Or just relying on a timesheet to trigger payment?

Sure I did:

... the timesheet signed by client and submitted to the agency (Next Ventures) in time (last day of month), along with invoice. No any claim from client side.
Next Venture has never paid that invoice despite several reminreds.

[Lance]

"Subject to Clauses 4(a) and (b), N-V shall pay all undisputed invoices by the 20 th of the month following the month in which the invoiced Services were provided."

Have you invoiced them yet? Or just relying on a timesheet to trigger payment?

[northernladuk]

Most?
Well, I was not aware of that. At least, for 10 years never see such term. Certainly not in my contract; may be for 6 digits or more it is usual but I am not such a big fish.

It's pretty standard as it protects the agencies from claims from the contractors if the client hasn't pain.
For example in this instance if the client hasn't paid the agency then they are under no obligation to pay you and you can't take them to court for it so it's pretty key. Makre sure you've read your contract. If your English isn't so strong get someone else to read it for you.

1. Last day of month.
2. Last day of month.
3. "Subject to Clauses 4(a) and (b), N-V shall pay all undisputed invoices by the 20 th of the month following the month in which the invoiced Services were provided."
Clauses 4(a) and (b) just say about how and when submit timesheet, invoice, etc. Nothing similar to "the agent will only pay after they have received payment"

He asked WHAT DATE, not when in the month. The date.

[WTFH]

1. Last day of month.
2. Last day of month.

OK, let me ask the questions again.

1. What date was your last timesheet signed & submitted?
2. What date did you submit your last invoice?

"Last day of the month" is not a date. 29/09/22 is a date. 15/08/21 is a date.

What was the date on your last invoice, and what date did you submit it.
What was the date of your last timesheet, and when was it signed and submitted?

(I have more questions, but I will hold back on them until these are answered)

[fre92]

If you are going to have a payment dispute you really need to read your contract and make sure you are aware of every clause related to it first.

Just curious: what makes you thinking I did not?

[fre92]

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.

Most?
Well, I was not aware of that. At least, for 10 years never see such term. Certainly not in my contract; may be for 6 digits or more it is usual but I am not such a big fish.

1. What date was your last timesheet signed & submitted?
2. What date did you submit your last invoice?
3. What does your contract say about payment terms?

As for solicitors in the UK, the one I used when I had an issue with an agent cost over £10,000. So it's well worth going through checks yourself before engaging a solicitor.

1. Last day of month.
2. Last day of month.
3. "Subject to Clauses 4(a) and (b), N-V shall pay all undisputed invoices by the 20 th of the month following the month in which the invoiced Services were provided."
Clauses 4(a) and (b) just say about how and when submit timesheet, invoice, etc. Nothing similar to "the agent will only pay after they have received payment"

[northernladuk]

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.
We don't have the details of your contract, so we would ask the general questions.

Exactly this. If you are going to have a payment dispute you really need to read your contract and make sure you are aware of every clause related to it first.

[WTFH]

You are second on that. Sorry for indelicacy, how does it really matter? I did my part of contract and my job, the client has signed a timesheet with no any claim. I have no contract with client, only with agency, why should the client report to me about his payments?

The reason for asking the question is because most contracts state that the agent will only pay after they have received payment.
We don't have the details of your contract, so we would ask the general questions.

So:
1. What date was your last timesheet signed & submitted?
2. What date did you submit your last invoice?
3. What does your contract say about payment terms?

As for solicitors in the UK, the one I used when I had an issue with an agent cost over £10,000. So it's well worth going through checks yourself before engaging a solicitor.