termination of contract for non payment

[PrinceNamor]

Hi Prince, I am sure you have the misfortune of having the same bunch of clowns as I had on my last gig, not based out of Bristol are they by chance?!!.

I left them in Mid Aug and it took over 30 working days for them to finally pay me my last invoice, but that's not the end of it, as I was paid on remittance for July my brolly are still chasing this payment up and thats nearly 4 months on.

The bank excuse was first used to me in October last year so it is nothing but smoke and mirrors, I went to the end client too, but got another gig so left before I tried the direct route so I can't offer any advice on that sorry.

Good luck, PM me if you want any further information.

Stan

Yes, thats them. They could be shooting themsleves in the foot by not paying on time. They are getting a bad reputation with the end client and could be removed from the preferred suppliers list.

[malvolio]

Interesting example of how tight the agency market really is. 9% margin is actually less than most agencies claim to be the bottom line for the traditional contract if you are to cover cash flow, factoring, lost time and overheads properly. Not surprising that someone on low margins and who isn't on a PSL will delay everything as long as they can to gain a bit of interest.

[stan2484]

Instead of all this "could it be..." and "my first is in Tree but not in Fish" kind of nonsense - either name them, or PM someone to see if it's the same agency.

The idea of naming and shaming is generally to inform others about your experiences. Playing a guessing game neither helps others, nor shames the agency in question.

Already have done in another post, but then I was warned about naming them, the name of the agency I had issue's with is Nine Direct, if you get contacted by them be warned!

[daviejones]

[QUOTE=TheFaQQer;330311]Instead of all this "could it be..." and "my first is in Tree but not in Fish" QUOTE]
That's a tricky one, any more clues?

[TheFaQQer]

Reckon it might be if it has a number in the name one less than ten?!!!

Bunch of ******* clowns, they'll never earn any brass off me again in the future.

Instead of all this "could it be..." and "my first is in Tree but not in Fish" kind of nonsense - either name them, or PM someone to see if it's the same agency.

The idea of naming and shaming is generally to inform others about your experiences. Playing a guessing game neither helps others, nor shames the agency in question.

[stan2484]

Heh, I worked for a certain Bristol Based agency, and on a 12 month contract they were more than a week late on their 30 day payment terms 12 times out of 12.

Couldn't be the same ones eh?

Reckon it might be if it has a number in the name one less than ten?!!!

Bunch of ******* clowns, they'll never earn any brass off me again in the future.

[NickNick]

Late Payment

Heh, I worked for a certain Bristol Based agency, and on a 12 month contract they were more than a week late on their 30 day payment terms 12 times out of 12.

Couldn't be the same ones eh?

[stan2484]

I did credit check the agency and they came back as a medium risk, thats why I insisted on the payment terms being written into the contract. They are only a couple of days late but I have seen other contractors posting on here about the same agency not paying on time.

The agency have given me some noddy and bull story about transferring banks this week and thats why they can't make any payments. I'm starting to get worried and have asked the end client if I can go direct.

Hi Prince, I am sure you have the misfortune of having the same bunch of clowns as I had on my last gig, not based out of Bristol are they by chance?!!.

I left them in Mid Aug and it took over 30 working days for them to finally pay me my last invoice, but that's not the end of it, as I was paid on remittance for July my brolly are still chasing this payment up and thats nearly 4 months on.

The bank excuse was first used to me in October last year so it is nothing but smoke and mirrors, I went to the end client too, but got another gig so left before I tried the direct route so I can't offer any advice on that sorry.

Good luck, PM me if you want any further information.

Stan

[tim123]

I had a clause written into my contract that states the agency has 7 days to pay my invoices. They have failed to do this. As they have breached the contract would I be within my rights to terminate the contract and work directly for the end client?

No,

Whether or not you see it this way, the law sees this as a minor breach (even if they do it every month). Your only remedy for this is to charge interest.

HTH

[PrinceNamor]

I did credit check the agency and they came back as a medium risk, thats why I insisted on the payment terms being written into the contract. They are only a couple of days late but I have seen other contractors posting on here about the same agency not paying on time.

The agency have given me some cock and bull story about transferring banks this week and thats why they can't make any payments. I'm starting to get worried and have asked the end client if I can go direct.

[WindyAnna]

In all cases of breach of contract, if challenged, you have to prove that you have taken steps to resolve the issue before termination. If you go direct and the agency chooses to go legal you will have to show that you tried to do something about it first rather than just walking away.

My advice, get your solicitor to write to them stating that they haven't paid and unless they do, and continue to pay on time they will be considered to have broken the terms of the contract and that it will be severed immediately on next failure to meet payment terms.

This was the legal advice I received when Futuro didn't pay me - I got paid and then again next month and then they went bust ... so credit check them as well and be very wary.

WA

[chasingtheaurora]

Interesting point.

How far beyond the seven days are they?

[PrinceNamor]

I had a clause written into my contract that states the agency has 7 days to pay my invoices. They have failed to do this. As they have breached the contract would I be within my rights to terminate the contract and work directly for the end client?