Non payment by agency - Help please!

[fitzy73]

Thanks, will go through that this afternoon.

PFG

[r0bly0ns]

http://www.payontime.co.uk - use it, it works!!

Sounds like a nightmare relationship. I personally would put in writing how I expect the relationship to work i.e. the only time communication is needed is for business related matters etc etc etc

If they are dicking about confirming receipt of timesheets/invoices then send it recorded delivery.

Just a quick update.

* Had a look at my contract, payment terms are 7 days after invoicing.
* Invoiced this morning for the other outstanding invoices.
* Have written to the company to ask confirmation of receipt of my fax - no reply as of yet.
* Am taking the softly softly approach - for now.

With regard to debt recovery, does anyone have anymore information? I've done a bit of research but to be honest I wouldn't be comfortable just picking one from a Groogle search ....

Many thanks folks.

PFG

All you need is on there...

[fitzy73]

Just a quick update.

* Had a look at my contract, payment terms are 7 days after invoicing.
* Invoiced this morning for the other outstanding invoices.
* Have written to the company to ask confirmation of receipt of my fax - no reply as of yet.
* Am taking the softly softly approach - for now.

With regard to debt recovery, does anyone have anymore information? I've done a bit of research but to be honest I wouldn't be comfortable just picking one from a Groogle search ....

Many thanks folks.

PFG

[NotAllThere]

Sounds like the agent is an a*se. Get a shotgun and blow his brains out.

Schnapps over keyboard moment!

[BrilloPad]

BrillioPad, note that he is finishing his contract, so how will moving to another agent help? Please explain your reasoning to us. Should he send his timesheets to another agent? Maybe they will take pity and pay him instead

Have you read his contract and you know the payment terms? We do not have this information. It could be 31 days, in which case there is no breach.

If he does not invoice, he will not be paid. Without an invoice/demand for payment there is no debt. It also starts the clock by which late payment penalties etc can start.

I agree about payment terms - but the advice still holds. Personally I am on 28 days so I submit every 28 days - though my agency pays in 6 days and I receive payment on the 27th of each month from MTM. However I would never have a second invoice outstanding - if first invoice not paid I would terminate immediately and speak to client about moving.

A colleague did this recently - I am at a large IB who have 7 preferred suppliers. Elan seem to be the worst - all I know via Elan hate them. They pushed one too far and he was moved to my agency (Modis).

[Turion]

I disagree. DO NOT SUBMIT ANY MORE INVOICES. Start legal action and move to another agent. They broke the agreement by not paying, I would terminate immediately.

BrillioPad, note that he is finishing his contract, so how will moving to another agent help? Please explain your reasoning to us. Should he send his timesheets to another agent? Maybe they will take pity and pay him instead

Have you read his contract and you know the payment terms? We do not have this information. It could be 31 days, in which case there is no breach.

If he does not invoice, he will not be paid. Without an invoice/demand for payment there is no debt. It also starts the clock by which late payment penalties etc can start.

[BrilloPad]

Then submit the next invoice asap with a reminder for the previous. Again I say it's too early to be unduly concerned and the agent has not stated they they are in dispute with you. Membership with the PCG will get you free legal advice on any steps that you may have to take should it come to the worse.

I disagree. DO NOT SUBMIT ANY MORE INVOICES. Start legal action and move to another agent. They broke the agreement by not paying, I would terminate immediately.

[Turion]

Thanks for replies. I should have stated from the outset

* I have a Ltd Company, and invoice from my company to the agency

* In response to Turion - I have 4 weeks more time sheets to invoice, so I am increasingly worried that I may be drawn into a protracted argument. I have never been disingenuous to the agency, but at this stage I have lost all faith.

Then submit the next invoice asap with a reminder for the previous. Again I say it's too early to be unduly concerned and the agent has not stated they they are in dispute with you. Membership with the PCG will get you free legal advice on any steps that you may have to take should it come to the worse.

[fitzy73]

Thanks for replies. I should have stated from the outset

* I have a Ltd Company, and invoice from my company to the agency

* In response to Turion - I have 4 weeks more time sheets to invoice, so I am increasingly worried that I may be drawn into a protracted argument. I have never been disingenuous to the agency, but at this stage I have lost all faith.

[KentPhilip]

Sounds like the agent is an a*se. Get a shotgun and blow his brains out.

[Turion]

Not been paid for 2 weeks - poor you. Two months, then you should be worrying. There's been a breakdown of communication here, and the agent is just wielding some clout, by temporarily cutting your cash supply. Muscle flexing, that's all. Especially as you're finishing your contract with this agent. One can infer that you have wound the agent up in one or more different ways. The more you squeal, the more pleasure he gets. Be diplomatic, listen to their excuses and just continue to invoice as usual. They will get bored with you and you will be paid.

[ratewhore]

http://www.payontime.co.uk - use it, it works!!

Sounds like a nightmare relationship. I personally would put in writing how I expect the relationship to work i.e. the only time communication is needed is for business related matters etc etc etc

If they are dicking about confirming receipt of timesheets/invoices then send it recorded delivery.

[NotAllThere]

Are you really employed by the agency? Get you terminology right, or your screwed from the outset.

Assuming that you are not an employee, that your limited company has a contract with the agency, you, as director of your company must start debt recovery procedures immediately.

And in your position, I'd be seeking to terminate the contract with the agency as quickly as possible. Life's too short.

[fitzy73]

Folks,

Bit of a long story, but a quick synopsis

* I am employed by XYC agency as an IT Manager since March last year.
* Agency, since day one, have messed about with both the client and myself e.g I agreed a rate initially (verbally) and when the contract came it was 10% under the agreed rate. Cue lots of phone calls, where agent claims he never agreed the rate, and then goes back to the client saying I am looking for more. Settled for slightly less than what we initially agreed as it was a 12 month contract.
* Agency making over 21% on my rate. No problem personally - few of us are in it for the love of it - just constant denials from the agency that they were making such good money.
* Agent is Director of his company - constantly referred to the fact that he couldn't rise my rate because his "boss" wouldn't let him. Only found out he was director and owner by paying for info from Companies House.
* As IT Manager, I have taken on a number of staff during the year. Suffice to say, I have been reluctant to use my own agency, for a myriad of reasons. To be fair to them, I have told my agent that I would at least consider candidates from them if they matched what other agencies were offering - 17.5% for perm ( I drive a hard bargain!). Agent refused, and repeatedly accused me of "not doing him any favours".
* Got a contract extension in Feb until next Friday (4th April). Slight rise in rate, but a few stern words with the agent to get it.

The crux ...

* We took on a new contractor last week, but not through me. She is located in a different part of the business.
* Agent rang me on Tuesday, accusing me of all kinds of things like not looking out for him, being obstructive etc.
* I repeatedly said I knew nothing of the contractor (honestly, I had no idea she was in the building). I asked agent to confirm my last two weeks time sheets had arrive (3 times) and never got an answer.
* Was not paid today for the last two weeks. No response from agency, and agent was "unavailable" all day.

Any views?